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Home My WebLink About20090081.tiffRESOLUTION RE: ACTION OF BOARD CONCERNING SHOW CAUSE HEARING CONCERNING SECOND AMENDED USE BY SPECIAL REVIEW PERMIT #842 FOR A SOLID WASTE DISPOSAL SITE AND FACILITY (COMMERCIAL JUNKYARD AND SALVAGE YARD INCLUDING TIRE LANDFILL, STORAGE AND RECYCLING FACILITY) AND A MOBILE HOME FOR HOUSING IN THE 1-3 (INDUSTRIAL) ZONE DISTRICT, AND THIRD AMENDED USE BY SPECIAL REVIEW PERMIT #842 FOR A SOLID WASTE DISPOSAL SITE AND FACILITY (COMMERCIAL JUNKYARD AND SALVAGE YARD, INCLUDING A TIRE LANDFILL, STORAGE, SHREDDING, AND RECYCLING FACILITY), MANUFACTURING/ PROCESSING FACILITY (CRYOGENIC PROCESSING/CRUMB RUBBER), AND A MOBILE HOME FOR HOUSING IN THE 1-3 (INDUSTRIAL) ZONE DISTRICT - TIRE RECYCLING, INC./MAGNUM D'OR WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to Colorado statute and the Weld County Home Rule Charter, is vested with the authority of administering the affairs of Weld County, Colorado, and WHEREAS, on January 9, 2008, a Show Cause Hearing was conducted to consider revocation of Second Amended Use by Special Review Permit#842 for a Solid Waste Disposal Site and Facility (commercial junkyard and salvage yard including tire landfill, storage and recycling facility) and a Mobile Home for Housing in the 1-3 (Industrial) Zone District, and Third Amended Use by Special Review Permit #842 for a Solid Waste Disposal Site and Facility (commercial junkyard and salvage yard, including a tire landfill, storage, shredding, and recycling facility), Manufacturing/Processing Facility (cryogenic processing/crumb rubber), and a Mobile Home for housing in the 1-3 (Industrial) Zone District, issued to Tire Recycling, Inc., 12311 County Road 41, Hudson, Colorado 80623, for the facility located on property being further described as follows: Lots A and B of Recorded Exemption #1367; being part of the S1/2S1/2SE1/4 and N1/2S1/2SE1/4 of Section 32, Township 3 North, Range 65 West of the 6th P.M., Weld County, Colorado WHEREAS, at said hearing on January 9, 2008, after hearing all testimony provided, the Board deemed it advisable to continue the matter to March 12, 2008, at 10:00 a.m., in order to allow a period of 60 days for the operator to provide evidence of substantial compliance with Development Standards #3, #4, #5, #7, #8, and #23, of Second Amended Use by Special Review Permit #842, and WHEREAS, at said hearing of March 12, 2008, after hearing all testimony provided, the Board deemed it advisable to continue the matter to June 25, 2008, and then to August 27, 2008, and then to November 19, 2008, and then to February 25, 2009, and then to April 29, 2009, at which time all activities were suspended until July 29, 2009, and I /k (e72) fir 2009-0081 PLO4 6 /// SO 07 RE: SHOW CAUSE HEARING CONCERNING 2ND/3RD AMUSR #842 - TIRE RECYCLING, INC./MAGNUM D'OR PAGE 2 WHEREAS, on June 15, 2009, the Board was presented with a request from a Bankruptcy Court -appointed Trustee for Tire Recycling, Inc., to lift the suspension and allow operations under the direction of the new Trustee, and WHEREAS, the Board of County Commissioners heard all of the testimony and statements of those present, studied the request of the operator and the recommendation of staff from the Departments of Planning Services and Public Health and Environment, and all of the exhibits and evidence presented in this matter and, having been fully informed, finds that the suspension for Second Amended Use by Special Review Permit #842 be lifted, with the Condition that the facility be found in compliance following a staff inspection to be completed within the next twenty-four (24) hours; and that the Show Cause hearing previously scheduled for July 29, 2009, remain active to address the overall Show Cause process, and WHEREAS, at said hearing on July 29, 2009, at the request of Tire Recycling, Inc., the Board deemed it advisable to grant a three-month continuance, to November 4, 2009, to allow the operator adequate time to obtain approval of, and complete a closing on, the sale of the property, and allow the future owner to complete and record the plat for the Third Amended Use by Special Review Permit #842, and WHEREAS, at said hearing on November 4, 2009, staff indicated the sale of the property was completed, the financial assurance has been successfully transferred to Magnum D'Or, and the site is in substantial compliance with 2nd and 3rdAmUSR-842, therefore, the matter of the Show Cause Hearing has been resolved, and may be dismissed. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the Show Cause Hearing concerning revocation of Second and Third Amended Use by Special Review Permits #842, previously issued to Tire Recycling, Inc., and currently held by Magnum D'Or, be, and hereby is, dismissed. 2009-0081 PL0456 RE: SHOW CAUSE HEARING CONCERNING 2ND/3RD AMUSR #842 - TIRE RECYCLING, INC./MAGNUM D'OR PAGE 3 The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 4th day of November, A.D., 2009. ATTEST: at��t' "t/•' Weld County Clerk to the Bo i Lctti De'au Cler tb the Board APPROVED AS TO FORM: firbbitizt. -.4 'icy -4°14f ykuutrkt j.L4-CouAty Attotthey Date of signature: ' i i7Slec BOARD OF COUNTY COMMISSIONERS ELD CQLfNT1;. COLORADO ouglas Ilademac er, Pro-Tem EXCUSED Sea ry,P.Conway Kirkmeyer David E. Long (j V 2009-0081 PL0456 • • 46)tr. 11`k COLORADO MEMORANDUM TO: Board of County Commissioners January 8, 2008 FROM: Jacqueline Hatch SUBJECT: 3`d AMUSR-842 and 2nd AMUSR-842 Tire Recycling Inc Legal Description: Lots A and B of RE -1367 being part of the S2 S2 SE4 and N2 S2 SE4 of Section 32, T3N, R65W of the 6th P.M., Weld County, CO. Location: West of and adjacent to County Road 41 and north of and adjacent to County Road 26. On September 17, 2007 the Board of County Commissioners determined at the Probable Cause hearing that a Show Cause Hearing should be scheduled for January 9, 2008. Since that time inspections by representatives of Weld County on December 14, 2007 and January 7, 2008 have determined that the site is not in compliance with the following Development Standards from 2nd AMUSR-842 and Conditions of Approval and Development Standards from 3rd AMUSR-842: 2nd AMUSR-842 #3 Storage cells shall be constructed for tire storage as follows a. before construction of each cell, a ten (10) foot deep hole shall be excavated near the center of the proposed trench area and shall be left open for a minimum of three (3) days to determine groundwater depth. A minimum of two (2) feet of separation shall be maintained between the lowest elevation of the cell and the highest elevation of the groundwater. b. Storage cells will be constructed din accordance with the facility's Design and Operation Plan and Fire Safety Evaluation and Fire Control Plan, dated April 28, 2003, and accompanying supplemental material. c. No more than eight (8) cells shall be excavated and exposed or filled at a time. d. A minimum of fifty (50) feet shall be maintained between the top of each cell to allow for an adequate firebreak and access. #4. fire equipment access roads shall be a minimum of fifty (50) feet wide, capable of providing access in all weather conditions and capable of supporting fire equipment of 50,000 pounds. #5 Tires in the cells shall be stacked a maximum of four (4) feet above the fire lane surface elevation or one (1) foot above the fire lane surface elevation for cells within the 200 -foot setback from oil and gas wells. An additional one (1) foot will be allowed for unevenness of the tire surfaces. Steel posts will be installed to a height of five (5) feet above ground elevation adjacent to the at the North -South center point on both sides of each cell. The top one (1) foot (from four (4) to five (5) feet) will be painted a bright color to allow for easier observation. #7 Tire received at the facility shall be placed into cells upon receipt. Tire stockpiled above ground for processing and/or recycling shall be stockpiled for a time not to exceed thirty (30) days. Above ground tire stockpiles shall not exceed ten (10) feet in height and shall be separated by a minimum width of fifty (50) feet. #8 The facility shall comply with the facility's Fire Safety Evaluation and Fire Control Plan and the requirements of the Platteville e Fire Protection District at all times. #23 The facility shall comply with the laws, standards, rules and regulations of the Air Quality Control Commission, the Water Quality Control Commission, the Hazardous Materials and Solid Waste Division and any other applicable agency. Specifically, the facility has not maintained compliance with the financial assurance requirements as required in the Regulations Pertaining to Solid Waste Disposal Sites and Facilities (6CCR1007-2). 3rd AMUSR-842 Conditions of Approval 1. Prior to recording the plat: A. The applicant shall address the requirements (concerns) of the Department of Planning Services, landscaping, as stated in the referral response dated December 30, 2005. Evidence of such shall be submitted in writing to the Weld County Department of Planning Services. The applicant shall submit a Landscape/Screening Plan that at a minimum delineates the proposed and existing landscaping on site for review and approval. The applicant shall demonstrate how the proposed and existing landscaping on site will be watered. Evidence of a commercial well for irrigation of the landscaping needs to be supplied to the Department of Planning Services. (Department of Planning Services) 8. The applicant shall submit a property maintenance plan in compliance with Section 23-3-360.G of the Weld County Code to the Department of Planning Services for review and approval. (Department of Planning Services) C. The applicant shall provide a Lighting Plan. Should exterior lighting be a part of this facility, all light standards shall be delineated on the plat and be in accordance with Section 23-3-250.8.6 of the Weld County Code. (Department of Planning Services) D. The applicant shall address the requirements (concerns) of the Platteville / Gilcrest Fire Protection District, as stated in the referral response dated January 27, 2006. Including evidence that a copy of MSDS for all hazardous materials has been forwarded to the Platteville/Gilcrest Fire Protection District. Second, a letter providing a professional opinion of the gallons per minute each well is able to provide for fire flow located on the Moser Farms Property for fire protection. Evidence of such shall be submitted in writing to the Weld County Department of Planning Services. (Department of Planning Services) E. The applicant shall address the requirements (concerns) of the Weld County Sheriffs Office, as stated in the referral response dated January 26, 2006. Evidence of such shall be submitted in writing to the Weld County Department of Planning Services. (Department of Planning Services) F. The applicant shall address the requirements (concerns) of the Weld County Building Department as stated in the referral response dated January 19, 2006. Evidence of such shall be submitted in writing to the Weld County Department of Planning Services. (Department of Planning Services) G. The applicant shall complete all proposed improvements including those regarding landscaping, screening, access improvements and parking lot requirements or enter into an Improvements Agreement according to policy regarding collateral for improvements and post adequate collateral for all required materials. The itemized agreement and form of collateral shall be reviewed by County Staff and accepted by the Board of County Commissioners prior to recording the USR plat. (Department of Planning Services) H. The applicant shall attempt to meet with the Weld County Sheriff's Office to discuss a security plan for the site free of charge. (Sheriff's Office) A detailed amended Design & Operations Plan shall be submitted to the Colorado Department of Public Health & Environment and the Weld County Department of Public Health & Environment for review and approval. The facility shall be constructed and operated in accordance with the approved design. Evidence of approval shall be submitted to the Department of Planning Services. (Department of Public Health and Environment) Evidence shall be submitted to the Weld County Department of Public Health & Environment and the Colorado Department of Public Health & Environment that demonstrates the recycling facility was constructed in accordance with the approved design. Evidence of approval shall be submitted to the Department of Planning Services. (Department of Public Health and Environment) K. All required Air Emissions Permits must be obtained from the Colorado Department of Public Health and Environment's Air Pollution Control Division. Evidence of such shall be submitted in writing to the Weld County Department of Public Health and Environment. Evidence of approval shall be submitted to the Department of Planning Services. (Department of Public Health and Environment) L. A fugitive particulate emissions control plan (dust control plan) shall be submitted to the Weld County Department of Public Health and Environment for approval. Evidence of approval shall be submitted to the Department of Planning Services. (Department of Public Health and Environment) M. Applicant shall demonstrate through their revised Design and Operations plan that all process wastewater will be collected, disposed of and/or used in accordance with the Colorado Water Quality Control Commission and U.S. Environmental Protection Agency regulations. Evidence of approval shall be submitted to the Department of Planning Services. (Department of Public Health and Environment) N. Due to the increased number of employees, the existing septic system shall be reviewed by a Colorado Registered Professional Engineer. The review shall consist of observation of the system and a technical review describing the systems ability to handle the proposed hydraulic load. The review shall be submitted to the Environmental Health Services Division of the Weld County Department of Public Health and Environment. In the event the system is found to be inadequately sized or constructed the system shall be brought into compliance with current Regulations. Evidence of approval shall be submitted to the Department of Planning Services. (Department of Public Health and Environment) O. The plat shall be amended to delineate the following: 1. The approved fencing/screening plan. (Department of Planning Services) 2. All sheets of the final plat shall be labeled: 3rd AMUSR-842. (Department of Planning Services) 2. County Road 41 is designated on the Road Capital Improvement plan in the County Wide Impact Fee Code Ordinance, Section 20-1-30, as a collector status road, which requires 80 feet of right-of-way at full build out. There is presently 60 feet of right-of-way. This road is maintained by Weld County. (Department of Public Works) 3. Off street parking including access drives and fire lanes shall be surfaced with gravel or the equivalent and shall be graded to prevent drainage problems and shall be capable of handling the weight and turning radiuses of any fire trucks/emergency vehicles. (Department of Public Works) 4. A minimum of thirty (30) parking spaces shall be delineated on the plat and shall include accommodation that meet the requirements of the American with Disabilities Act. Each parking space shall include a curb stop. However one curb stop centered over two paring spaces is acceptable. (Department of Planning Services) 5. A loading area shall be delineated on the plat per Section 23-3-350.D of the Weld County Code. (Department of Planning Services) 6. Signs as approved shall be delineated on the plat. (Department of Planning Services) 8. Areas used for sorting and processing tires shall be delineated on the plat. (Department of Planning Services) 9. The approved Landscape/Screening Plan shall be delineated on the plat. (Department of Planning Services) 10. The approved Lighting Plan shall be delineated on the plat. (Department of Planning Services) 11. The location of the dumpster shall be delineated on the plat. Areas used for trash collection shall be screened from public rights -of -way and all adjacent properties. These areas shall be designed and used in a manner that will prevent wind- or animal -scattered trash as outlined in Section 23-3-250.A.6 of the Weld County Code. (Department of Planning Services) 3. Upon completion of 1. and 2. above the applicant shall submit a Mylar plat along with all other documentation required as Conditions of Approval. The Mylar plat shall be recorded in the office of the Weld County Clerk and Recorder by Department of Planning Services' Staff. The plat shall be prepared in accordance with the requirements of Section 23-2-260.D of the Weld County Code. The Mylar plat and additional requirements shall be submitted within thirty (30) days from the date of the Board of County Commissioners resolution. The applicant shall be responsible for paying the recording fee. (Department of Planning Services) 4. In accordance with Weld County Code Ordinance 2005-7 approved June 1, 2005, should the plat not be recorded within the required thirty (30) days from the date the Board of County Commissioners resolution a $50.00 recording continuance charge shall added for each additional 3 month period. 5. The Department of Planning Services respectively requests the surveyor provide a digital copy of this 3RD Amended Use by Special Review. Acceptable CAD formats are .dwg, .dxf, and .dgn (Microstation); acceptable GIS formats are Arc View shapefiles, Arclnfo Coverages and Arclnfo Export files format type is .e00. The preferred format for Images is .tif (Group 4). (Group 6 is not acceptable). This digital file may be sent to maps(@.co.weld.co.us. (Department of Planning Services) 6. The Special Review activity shall not occur nor shall any building or electrical permits be issued on the property until the Special Review plat is ready to be recorded in the office of the Weld County Clerk and Recorder. (Department of Planning Services) Development Standards #19 Storage cells shall be constructed for tire storage as follows a. before construction of each cell, a ten (10) foot deep hole shall be excavated near the center of the proposed trench area and shall be left open for a minimum of three (3) days to determine groundwater depth. A minimum of two (2) feet of separation shall be maintained between the lowest elevation of the cell and the highest elevation of the groundwater. b. Storage cells will be constructed din accordance with the facility's Design and Operation Plan and Fire Safety Evaluation and Fire Control Plan, dated April 28, 2003, and accompanying supplemental material. c. No more than eight (8) cells shall be excavated and exposed or filled at a time. d. A minimum of fifty (50) feet shall be maintained between the top of each cell to allow for an adequate firebreak and access. #20 Tires in the cells shall be stacked a maximum of four (4) feet above the fire lane surface elevation or one (1) foot above the fire lane surface elevation for cells within the 200 -foot setback from oil and gas wells. An additional one (1) foot will be allowed for unevenness of the tire surfaces. Steel posts will be installed to a height of five (5) feet above ground elevation adjacent to the at the North -South center point on both sides of each cell. The top one (1) foot (from four (4) to five (5) feet) will be painted a bright color to allow for easier observation. #22 Tire received at the facility shall be placed into cells upon receipt. Tire stockpiled above ground for processing and/or recycling shall be stockpiled for a time not to exceed thirty (30) days. Above ground tire stockpiles shall not exceed ten (10) feet in height and shall be separated by a minimum width of fifty (50) feet. #23 The facility shall comply with the facility's Fire Safety Evaluation and Fire Control Plan and the requirements of the Platteville e Fire Protection District at all times. #37 The facility shall comply with the laws, standards, rules and regulations of the Air Quality Control Commission, the Water Quality Control Commission, the Hazardous Materials and Solid Waste Division and any other applicable agency. Specifically, the facility has not maintained compliance with the financial assurance requirements as required in the Regulations Pertaining to Solid Waste Disposal Sites and Facilities (6CCR1007-2). Weld County staff has determined that the site is not in compliance with case number 3rd AMUSR-842 and 2nd AMUSR-842, Development Standards and Conditions of Approval, as approved by the Board of County Commissioners for 2nd AMUSR-842 on October 22, 2003 and 3rd AMUSR-842 September 27, 2006, and is recommending to the Board of County Commissioners to revoke the Use by Special Review permits. Staff is also recommending that the Board of County Commissioners recommend to the state that the Certificate of Designation also be revoked. The Amended Certificate of Designation was approved by the Board of County Commissioners on October 3, 1990. • Aft474 Wi�Yc. • COLORADO August 28, 2007 Tire Recycling, Inc. Attn: Mr. Dwain Immel 1801 Broadway, Suite 910 Denver, CO 80202 DEPARTMENT OF PLANNING SERVICES Planning Division SOUTHWEST OFFICE 4209 CR 24.5 LONGMONT, CO 80504 jhatch@co.weld.co.us PHONE: (720) 652-4210, Ext. 8730 FAX: (720) 652-4211 Subject: 3rd AMUSR-842 and 2nd AMUSR-842, Lots A and B of RE -1367 being part of the S2 S2 SE4 and N2 S2 SE4 of Section 32, T3N, R65W of the 6th P.M., Weld County, CO. Dear Mr. Immel: Notice is hereby given that on Monday, September 17, 2007, at 9:00 a.m., or as soon thereafter as the agenda of the Board of County Commissioners permits, the Board of County Commissioners of Weld County will hold a Probable Cause public hearing pursuant to Section 23-2-270 of the Weld County Code. This meeting will take place in the Commissioners Hearing Room, Weld County Centennial Center, 915 10th Street, Greeley, Colorado. The purposed of this Probable Cause Hearing will be to review case number 3rd AMUSR-842 and 2nd AMUSR-842, for compliance with the Development Standards and Conditions of Approval, as approved by the Board of County Commissioners for 2nd AMUSR-842 on October 22, 2003 and 3rd AMUSR-842 September 27, 2006, to determine if probable cause exists to hold a hearing on revocation of the permits. Inspections by representatives of Weld County have determined that you are not in compliance with the following Development Standards from 2nd AMUSR-842: #3 Storage cells shall be constructed for tire storage as follows a. before construction of each cell, a ten (10) foot deep hole shall be excavated near the center of the proposed trench area and shall be left open for a minimum of three (3) days to determine groundwater depth. A minimum of two (2) feet of separation shall be maintained between the lowest elevation of the cell and the highest elevation of the groundwater. b. Storage cells will be constructed din accordance with the facility's Design and Operation Plan and Fire Safety Evaluation and Fire Control Plan, dated April 28, 2003, and accompanying supplemental material. PLO A/5 6 c. No more than eight (8) cells shall be excavated and exposed or filled at a time. d. A minimum of fifty (50) feet shall be maintained between the top of each cell to allow for an adequate firebreak and access. #4. fire equipment access roads shall be a minimum of fifty (50) feet wide, capable of providing access in all weather conditions and capable of supporting fire equipment of 50,000 pounds. #5 Tires in the cells shall be stacked a maximum of four (4) feet above the fire lane surface elevation or one (1) foot above the fire lane surface elevation for cells within the 200 -foot setback from oil and gas wells. An additional one (1) foot will be allowed for unevenness of the tire surfaces. Steel posts will be installed to a height of five (5) feet above ground elevation adjacent to the at the North -South center point on both sides of each cell. The top one (1) foot (from four (4) to five (5) feet) will be painted a bright color to allow for easier observation. #7 Tire received at the facility shall be placed into cells upon receipt. Tire stockpiled above ground for processing and/or recycling shall be stockpiled for a time not to exceed thirty (30) days. Above ground tire stockpiles shall not exceed ten (10) feet in height and shall be separated by a minimum width of fifty (50) feet. #8 The facility shall comply with the facility's Fire Safety Evaluation and Fire Control Plan and the requirements of the Platteville e Fire Protection District at all times. #23 The facility shall comply with the laws, standards, rules and regulations of the Air Quality Control Commission, the Water Quality Control Commission, the Hazardous Materials and Solid Waste Division and any other applicable agency. Specifically, the facility has not maintained compliance with the financial assurance requirements as required in the Regulations Pertaining to Solid Waste Disposal Sites and Facilities (6CCR1007-2). 3rd AMUSR-842 was approved by the Board of County Commissioners but the Conditions of Approval have not been met and the property is not in compliance with the Development Standards as outlined below. Conditions of Approval 1. Prior to recording the plat: A. The applicant shall address the requirements (concerns) of the Department of Planning Services, landscaping, as stated in the referral response dated December 30, 2005. Evidence of such shall be submitted in writing to the Weld County Department of Planning Services. The applicant shall submit a Landscape/Screening Plan that at a minimum delineates the proposed and existing landscaping on site for review and approval. The applicant shall demonstrate how the proposed and existing landscaping on site will be watered. Evidence of a commercial well for irrigation of the landscaping needs to be supplied to the Department of Planning Services. (Department of Planning Services) B. The applicant shall submit a property maintenance plan in compliance with Section 23-3-360.G of the Weld County Code to the Department of Planning Services for review and approval. (Department of Planning Services) C. The applicant shall provide a Lighting Plan. Should exterior lighting be a part of this facility, all light standards shall be delineated on the plat and be in accordance with Section 23-3-250.8.6 of the Weld County Code. (Department of Planning Services) D. The applicant shall address the requirements (concerns) of the Platteville / Gilcrest Fire Protection District, as stated in the referral response dated January 27, 2006. Including evidence that a copy of MSDS for all hazardous materials has been forwarded to the Platteville/Gilcrest Fire Protection District. Second, a letter providing a professional opinion of the gallons per minute each well is able to provide for fire flow located on the Moser Farms Property for fire protection. Evidence of such shall be submitted in writing to the Weld County Department of Planning Services. (Department of Planning Services) E. The applicant shall address the requirements (concerns) of the Weld County Sheriffs Office, as stated in the referral response dated January 26, 2006. Evidence of such shall be submitted in writing to the Weld County Department of Planning Services. (Department of Planning Services) F. The applicant shall address the requirements (concerns) of the Weld County Building Department as stated in the referral response dated January 19, 2006. Evidence of such shall be submitted in writing to the Weld County Department of Planning Services. (Department of Planning Services) G. The applicant shall complete all proposed improvements including those regarding landscaping, screening, access improvements and parking lot requirements or enter into an Improvements Agreement according to policy regarding collateral for improvements and post adequate collateral for all required materials. The itemized agreement and form of collateral shall be reviewed by County Staff and accepted by the Board of County Commissioners prior to recording the USR plat. (Department of Planning Services) H. The applicant shall attempt to meet with the Weld County Sheriff's Office to discuss a security plan for the site free of charge. (Sheriff's Office) A detailed amended Design & Operations Plan shall be submitted to the Colorado Department of Public Health & Environment and the Weld County Department of Public Health & Environment for review and approval. The facility shall be constructed and operated in accordance with the approved design. Evidence of approval shall be submitted to the Department of Planning Services. (Department of Public Health and Environment) J. Evidence shall be submitted to the Weld County Department of Public Health & Environment and the Colorado Department of Public Health & Environment that demonstrates the recycling facility was constructed in accordance with the approved design. Evidence of approval shall be submitted to the Department of Planning Services. (Department of Public Health and Environment) K. All required Air Emissions Permits must be obtained from the Colorado Department of Public Health and Environment's Air Pollution Control Division. Evidence of such shall be submitted in writing to the Weld County Department of Public Health and Environment. Evidence of approval shall be submitted to the Department of Planning Services. (Department of Public Health and Environment) L. A fugitive particulate emissions control plan (dust control plan) shall be submitted to the Weld County Department of Public Health and Environment for approval. Evidence of approval shall be submitted to the Department of Planning Services. (Department of Public Health and Environment) M. Applicant shall demonstrate through their revised Design and Operations plan that all process wastewater will be collected, disposed of and/or used in accordance with the Colorado Water Quality Control Commission and U.S. Environmental Protection Agency regulations. Evidence of approval shall be submitted to the Department of Planning Services. (Department of Public Health and Environment) N. Due to the increased number of employees, the existing septic system shall be reviewed by a Colorado Registered Professional Engineer. The review shall consist of observation of the system and a technical review describing the systems ability to handle the proposed hydraulic load. The review shall be submitted to the Environmental Health Services Division of the Weld County Department of Public Health and Environment. In the event the system is found to be inadequately sized or constructed the system shall be brought into compliance with current Regulations. Evidence of approval shall be submitted to the Department of Planning Services. (Department of Public Health and Environment) O. The plat shall be amended to delineate the following: 1. The approved fencing/screening plan. (Department of Planning Services) 2. All sheets of the final plat shall be labeled: 3rd AMUSR-842. (Department of Planning Services) 2. County Road 41 is designated on the Road Capital Improvement plan in the County Wide Impact Fee Code Ordinance, Section 20-1-30, as a collector status road, which requires 80 feet of right-of-way at full build out. There is presently 60 feet of right-of-way. This road is maintained by Weld County. (Department of Public Works) 3. Off street parking including access drives and fire lanes shall be surfaced with gravel or the equivalent and shall be graded to prevent drainage problems and shall be capable of handling the weight and turning radiuses of any fire trucks/emergency vehicles. (Department of Public Works) 4. A minimum of thirty (30) parking spaces shall be delineated on the plat and shall include accommodation that meet the requirements of the American with Disabilities Act. Each parking space shall include a curb stop. However one curb stop centered over two paring spaces is acceptable. (Department of Planning Services) 5. A loading area shall be delineated on the plat per Section 23-3-350.D of the Weld County Code. (Department of Planning Services) 6. Signs as approved shall be delineated on the plat. (Department of Planning Services) 8. Areas used for sorting and processing tires shall be delineated on the plat. (Department of Planning Services) 9. The approved Landscape/Screening Plan shall be delineated on the plat. (Department of Planning Services) 10. The approved Lighting Plan shall be delineated on the plat. (Department of Planning Services) 11. The location of the dumpster shall be delineated on the plat. Areas used for trash collection shall be screened from public rights -of -way and all adjacent properties. These areas shall be designed and used in a manner that will prevent wind- or animal -scattered trash as outlined in Section 23-3-250.A.6 of the Weld County Code. (Department of Planning Services) 3. Upon completion of 1. and 2. above the applicant shall submit a Mylar plat along with all other documentation required as Conditions of Approval. The Mylar plat shall be recorded in the office of the Weld County Clerk and Recorder by Department of Planning Services' Staff. The plat shall be prepared in accordance with the requirements of Section 23-2-260.D of the Weld County Code. The Mylar plat and additional requirements shall be submitted within thirty (30) days from the date of the Board of County Commissioners resolution. The applicant shall be responsible for paying the recording fee. (Department of Planning Services) 4. In accordance with Weld County Code Ordinance 2005-7 approved June 1, 2005, should the plat not be recorded within the required thirty (30) days from the date the Board of County Commissioners resolution a $50.00 recording continuance charge shall added for each additional 3 month period. 5. The Department of Planning Services respectively requests the surveyor provide a digital copy of this 3R° Amended Use by Special Review. Acceptable CAD formats are .dwg, .dxf, and .dgn (Microstation); acceptable GIS formats are Arc View shapefiles, Arclnfo Coverages and Arclnfo Export files format type is .e00. The preferred format for Images is .tif (Group 4). (Group 6 is not acceptable). This digital file may be sent to maps@co.weld.co.us. (Department of Planning Services) 6. The Special Review activity shall not occur nor shall any building or electrical permits be issued on the property until the Special Review plat is ready to be recorded in the office of the Weld County Clerk and Recorder. (Department of Planning Services) Development Standards #19 Storage cells shall be constructed for tire storage as follows a. before construction of each cell, a ten (10) foot deep hole shall be excavated near the center of the proposed trench area and shall be left open for a minimum of three (3) days to determine groundwater depth. A minimum of two (2) feet of separation shall be maintained between the lowest elevation of the cell and the highest elevation of the groundwater. b. Storage cells will be constructed din accordance with the facility's Design and Operation Plan and Fire Safety Evaluation and Fire Control Plan, dated April 28, 2003, and accompanying supplemental material. c. No more than eight (8) cells shall be excavated and exposed or filled at a time. d. A minimum of fifty (50) feet shall be maintained between the top of each cell to allow for an adequate firebreak and access. #20 Tires in the cells shall be stacked a maximum of four (4) feet above the fire lane surface elevation or one (1) foot above the fire lane surface elevation for cells within the 200 -foot setback from oil and gas wells. An additional one (1) foot will be allowed for unevenness of the tire surfaces. Steel posts will be installed to a height of five (5) feet above ground elevation adjacent to the at the North -South center point on both sides of each cell. The top one (1) foot (from four (4) to five (5) feet) will be painted a bright color to allow for easier observation. #22 Tire received at the facility shall be placed into cells upon receipt. Tire stockpiled above ground for processing and/or recycling shall be stockpiled for a time not to exceed thirty (30) days. Above ground tire stockpiles shall not exceed ten (10) feet in height and shall be separated by a minimum width of fifty (50) feet. #23 The facility shall comply with the facility's Fire Safety Evaluation and Fire Control Plan and the requirements of the Platteville e Fire Protection District at all times. • • • #37 The facility shall comply with the laws, standards, rules and regulations of the Air Quality Control Commission, the Water Quality Control Commission, the Hazardous Materials and Solid Waste Division and any other applicable agency. Specifically, the facility has not maintained compliance with the financial assurance requirements as required in the Regulations Pertaining to Solid Waste Disposal Sites and Facilities (6CCR1007-2). If it is determined at the public hearing that there is probable cause that you have not met the Conditions of Approval, the Board of County Commissioners will schedule a Show Cause public hearing to consider revocation of the Special Review permit. If you have any questions regarding this matter, please contact me at the above number. Respectfully, iCa 1\ JacquetiHatch, Planner . ‘7/ti e4;. WUDc. • • August 8, 2007 DEPARTMENT OF PLANNING SERVICES Planning Division SOUTHWEST OFFICE 4209 CR 24.5 LONGMONT, CO 80504 jhatch@co.weld.co.us PHONE: (720) 652-4210, Ext. 8730 FAX: (720) 652-4211 Tire Recycling, Inc. Attn: Mr. Dwain Immel 1801 Broadway, Suite 910 Denver, CO 80202 Subject: 3r° AMUSR-842 and 2"° AMUSR-842, Lots A and B of RE -1367 being part of the S2 S2 SE4 and N2 S2 SE4 of Section 32, T3N, R65W of the 6`, P.M., Weld County, CO. Dear Mr. Immel: Notice is hereby given that the property listed above, is not in compliance with 3rd AMUSR-842 and 2n° AMUSR-842 (Special Use Permit for a junkyard and salvage yard). All conditions of the original permit must be in compliance by August 22, 2007 or a Probable Cause public hearing, pursuant Chapter 23, Article II (2), Division 4, Section 23-2-270 of the Weld County Code, will be scheduled with the Board of County Commissioners. If the Probable Cause Hearing is scheduled, the purpose of this public hearing will be to review case number 3rd AMUSR-842 and 2nd AMUSR-842, for compliance with the Development Standards and Conditions of Approval, as approved by the Board of County Commissioners for 2"° AMUSR-842 on October 22, 2003 and 3r° AMUSR-842 September 27, 2006, to determine if probable cause exists to hold a hearing on revocation of the permits. Inspections by representatives of Weld County have determined that you are not in compliance with the following Development Standards from 2n° AMUSR-842: #3 Storage cells shall be constructed for tire storage as follows a. before construction of each cell, a ten (10) foot deep hole shall be excavated near the center of the proposed trench area and shall be left open for a minimum of three (3) days to determine groundwater depth. A minimum of two (2) feet of separation shall be maintained between the lowest elevation of the cell and the highest elevation of the groundwater. b. Storage cells will be constructed din accordance with the facility's Design and Operation Plan and Fire Safety Evaluation and Fire Control Plan, dated April 28, 2003, and accompanying supplemental material. c. No more than eight (8) cells shall be excavated and exposed or filled at a time. d. A minimum of fifty (50) feet shall be maintained between the top of each cell to allow for an adequate firebreak and access. #4. fire equipment access roads shall be a minimum of fifty (50) feet wide, capable of providing access in all weather conditions and capable of supporting fire equipment of 50,000 pounds. #5 Tires in the cells shall be stacked a maximum of four (4) feet above the fire lane surface elevation or one (1) foot above the fire lane surface elevation for cells within the 200 -foot setback from oil and gas wells. An additional one (1) foot will be allowed for unevenness of the tire surfaces. Steel posts will be installed to a height of five (5) feet above ground elevation adjacent to the at the North -South center point on both sides of each cell. The top one (1) foot (from four (4) to five (5) feet) will be painted a bright color to allow for easier observation. #7 Tire received at the facility shall be placed into cells upon receipt. Tire stockpiled above ground for processing and/or recycling shall be stockpiled for a time not to exceed thirty (30) days. Above ground tire stockpiles shall not exceed ten (10) feet in height and shall be separated by a minimum width of fifty (50) feet. #8 The facility shall comply with the facility's Fire Safety Evaluation and Fire Control Plan and the requirements of the Platteville e Fire Protection District at all times. #23 The facility shall comply with the laws, standards, rules and regulations of the Air Quality Control Commission, the Water Quality Control Commission, the Hazardous Materials and Solid Waste Division and any other applicable agency. Specifically, the facility has not maintained compliance with the financial assurance requirements as required in the Regulations Pertaining to Solid Waste Disposal Sites and Facilities (6CCR1007-2). 3rd AMUSR-842 was approved by the Board of County Commissioners but the Conditions of Approval have not been met and the property is not in compliance with the Development Standards as outlined below. Conditions of Approval 1. Prior to recording the plat: A. The applicant shall address the requirements (concerns) of the Department of Planning Services, landscaping, as stated in the referral response dated December 30, 2005. Evidence of such shall be submitted in writing to the Weld County Department of Planning Services. The applicant shall submit a Landscape/Screening Plan that at a minimum delineates the proposed and existing landscaping on site for review and approval. The applicant shall demonstrate how the proposed and existing landscaping on site will be watered. Evidence of a commercial well for irrigation of the landscaping needs to be supplied to the Department of Planning Services. (Department of Planning Services) B. The applicant shall submit a property maintenance plan in compliance with Section 23-3-360.G of the Weld County Code to the Department of Planning Services for review and approval. (Department of Planning Services) C. The applicant shall provide a Lighting Plan. Should exterior lighting be a part of this facility, all light standards shall be delineated on the plat and be in accordance with Section 23-3-250.8.6 of the Weld County Code. (Department of Planning Services) D. The applicant shall address the requirements (concerns) of the Platteville / Gilcrest Fire Protection District, as stated in the referral response dated January 27, 2006. Including evidence that a copy of MSDS for all hazardous materials has been forwarded to the Platteville/Gilcrest Fire Protection District. Second, a letter providing a professional opinion of the gallons per minute each well is able to provide for fire flow located on the Moser Farms Property for fire protection. Evidence of such shall be submitted in writing to the Weld County Department of Planning Services. (Department of Planning Services) E. The applicant shall address the requirements (concerns) of the Weld County Sheriffs Office, as stated in the referral response dated January 26, 2006. Evidence of such shall be submitted in writing to the Weld County Department of Planning Services. (Department of Planning Services) F. The applicant shall address the requirements (concerns) of the Weld County Building Department as stated in the referral response dated January 19, 2006. Evidence of such shall be submitted in writing to the Weld County Department of Planning Services. (Department of Planning Services) G. The applicant shall complete all proposed improvements including those regarding landscaping, screening, access improvements and parking lot requirements or enter into an Improvements Agreement according to policy regarding collateral for improvements and post adequate collateral for all required materials. The itemized agreement and form of collateral shall be reviewed by County Staff and accepted by the Board of County Commissioners prior to recording the USR plat. (Department of Planning Services) H. The applicant shall attempt to meet with the Weld County Sheriff's Office to discuss a security plan for the site free of charge. (Sheriff's Office) A detailed amended Design & Operations Plan shall be submitted to the Colorado Department of Public Health & Environment and the Weld County Department of Public Health & Environment for review and approval. The facility shall be constructed and operated in accordance with the approved design. Evidence of approval shall be submitted to the Department of Planning Services. (Department of Public Health and Environment) J. Evidence shall be submitted to the Weld County Department of Public Health & Environment and the Colorado Department of Public Health & Environment that demonstrates the recycling facility was constructed in accordance with the approved design. Evidence of approval shall be submitted to the Department of Planning Services. (Department of Public Health and Environment) K. All required Air Emissions Permits must be obtained from the Colorado Department of Public Health and Environment's Air Pollution Control Division. Evidence of such shall be submitted in writing to the Weld County Department of Public Health and Environment. Evidence of approval shall be submitted to the Department of Planning Services. (Department of Public Health and Environment) L. A fugitive particulate emissions control plan (dust control plan) shall be submitted to the Weld County Department of Public Health and Environment for approval. Evidence of approval shall be submitted to the Department of Planning Services. (Department of Public Health and Environment) M. Applicant shall demonstrate through their revised Design and Operations plan that all process wastewater will be collected, disposed of and/or used in accordance with the Colorado Water Quality Control Commission and U.S. Environmental Protection Agency regulations. Evidence of approval shall be submitted to the Department of Planning Services. (Department of Public Health and Environment) N. Due to the increased number of employees, the existing septic system shall be reviewed by a Colorado Registered Professional Engineer. The review shall consist of observation of the system and a technical review describing the systems ability to handle the proposed hydraulic load. The review shall be submitted to the Environmental Health Services Division of the Weld County Department of Public Health and Environment. In the event the system is found to be inadequately sized or constructed the system shall be brought into compliance with current Regulations. Evidence of approval shall be submitted to the Department of Planning Services. (Department of Public Health and Environment) O. The plat shall be amended to delineate the following: 1. The approved fencing/screening plan. (Department of Planning Services) 2. All sheets of the final plat shall be labeled: 3'° AMUSR-842. (Department of Planning Services) 2. County Road 41 is designated on the Road Capital Improvement plan in the County Wide Impact Fee Code Ordinance, Section 20-1-30, as a collector status road, which requires 80 feet of right-of-way at full build out. There is presently 60 feet of right-of-way. This road is maintained by Weld County. (Department of Public Works) 3. Off street parking including access drives and fire lanes shall be surfaced with gravel or the equivalent and shall be graded to prevent drainage problems and shall be capable of handling the weight and turning radiuses of any fire trucks/emergency vehicles. (Department of Public Works) 4. A minimum of thirty (30) parking spaces shall be delineated on the plat and shall include accommodation that meet the requirements of the American with Disabilities Act. Each parking space shall include a curb stop. However one curb stop centered over two paring spaces is acceptable. (Department of Planning Services) 5. A loading area shall be delineated on the plat per Section 23-3-350.D of the Weld County Code. (Department of Planning Services) 6. Signs as approved shall be delineated on the plat. (Department of Planning Services) 8. Areas used for sorting and processing tires shall be delineated on the plat. (Department of Planning Services) 9. The approved Landscape/Screening Plan shall be delineated on the plat. (Department of Planning Services) 10. The approved Lighting Plan shall be delineated on the plat. (Department of Planning Services) 11. The location of the dumpster shall be delineated on the plat. Areas used for trash collection shall be screened from public rights -of -way and all adjacent properties. These areas shall be designed and used in a manner that will prevent wind- or animal -scattered trash as outlined in Section 23-3-250.A.6 of the Weld County Code. (Department of Planning Services) 3. Upon completion of 1. and 2. above the applicant shall submit a Mylar plat along with all other documentation required as Conditions of Approval. The Mylar plat shall be recorded in the office of the Weld County Clerk and Recorder by Department of Planning Services' Staff. The plat shall be prepared in accordance with the requirements of Section 23-2-260.D of the Weld County Code. The Mylar plat and additional requirements shall be submitted within thirty (30) days from the date of the Board of County Commissioners resolution. The applicant shall be responsible for paying the recording fee. (Department of Planning Services) 4. In accordance with Weld County Code Ordinance 2005-7 approved June 1, 2005, should the plat not be recorded within the required thirty (30) days from the date the Board of County Commissioners resolution a $50.00 recording continuance charge shall added for each additional 3 month period. 5. The Department of Planning Services respectively requests the surveyor provide a digital copy of this 3ft° Amended Use by Special Review. Acceptable CAD formats are .dwg, .dxf, and .dgn (Microstation); acceptable GIS formats are Arc View shapefiles, Arclnfo Coverages and Arclnfo Export files format type is .e00. The preferred format for Images is .tif (Group 4). (Group 6 is not acceptable). This digital file may be sent to maps(@co.weld.co.us. (Department of Planning Services) 6. The Special Review activity shall not occur nor shall any building or electrical permits be issued on the property until the Special Review plat is ready to be recorded in the office of the Weld County Clerk and Recorder. (Department of Planning Services) Development Standards #19 Storage cells shall be constructed for tire storage as follows a. before construction of each cell, a ten (10) foot deep hole shall be excavated near the center of the proposed trench area and shall be left open for a minimum of three (3) days to determine groundwater depth. A minimum of two (2) feet of separation shall be maintained between the lowest elevation of the cell and the highest elevation of the groundwater. b. Storage cells will be constructed din accordance with the facility's Design and Operation Plan and Fire Safety Evaluation and Fire Control Plan, dated April 28, 2003, and accompanying supplemental material. c. No more than eight (8) cells shall be excavated and exposed or filled at a time. d. A minimum of fifty (50) feet shall be maintained between the top of each cell to allow for an adequate firebreak and access. #20 Tires in the cells shall be stacked a maximum of four (4) feet above the fire lane surface elevation or one (1) foot above the fire lane surface elevation for cells within the 200 -foot setback from oil and gas wells. An additional one (1) foot will be allowed for unevenness of the tire surfaces. Steel posts will be installed to a height of five (5) feet above ground elevation adjacent to the at the North -South center point on both sides of each cell. The top one (1) foot (from four (4) to five (5) feet) will be painted a bright color to allow for easier observation. #22 Tire received at the facility shall be placed into cells upon receipt. Tire stockpiled above ground for processing and/or recycling shall be stockpiled for a time not to exceed thirty (30) days. Above ground tire stockpiles shall not exceed ten (10) feet in height and shall be separated by a minimum width of fifty (50) feet. #23 The facility shall comply with the facility's Fire Safety Evaluation and Fire Control Plan and the requirements of the Platteville e Fire Protection District at all times. #37 The facility shall comply with the laws, standards, rules and regulations of the Air Quality Control Commission, the Water Quality Control Commission, the Hazardous Materials and Solid Waste Division and any other applicable agency. Specifically, the facility has not maintained compliance with the financial assurance requirements as required in the Regulations Pertaining to sow Waste Disposal Sites and Facilities (6CCR1007-2). If it is determined at the public hearing that there is probable cause that you are not in compliance with 3r° AMUSR-842 and 2nd AMUSR-842, the Board of County Commissioners will schedule a Show Cause public hearing to consider revocation of the Use by Special Review permit. I have enclosed a copy of the Plat Map and the Board of County Commissioners resolution for your convenience. Any information you have that may help to resolve this matter will be helpful. Should you have any questions regarding this letter, or if you need any further information, please feel free to contact me at the above address, telephone number or e-mail address. If you wish to see me personally, please call to schedule an appointment so that I may reserve a sufficient amount of time with you. Sincerely, Jacquelin Hatch, Rlanner 7006 0810 0002 6777 • • U.S. Postal ServiceTM CERTIFIED MAIL,. RECEIPT (Domestic Mall Only; No Insurance Coverage Provided) Postage Certified Fee Return Receipt Fee (Endorsement Required) Restricted Delivery Fee (Endorsement Required) Total Postage & Fees Sent To Igo' n/17r1 alzvlV7 Postmark Here Street, Apt No.; or PO Box No. City, State, Z/Pt4 PS Form 3800, June 2002 See Reverse for Instructions 11111De COLORADO July 30, 2007 Certified Letter No.: Tire Recycling, Inc. Attn: Mr. Dwain Immel 1801 Broadway, Suite 910 Denver, CO 80202 DEPARTMENT OF PUBLIC HEALTH & ENVIRONMENT 1555 N. 17th Avenue Greeley, CO 80631 WEBSITE: www.co.weld.co.us ADMINISTRATION: (970) 304-6410 FAX: (970) 304-6412 PUBLIC HEALTH EDUCATION & NURSING: (970) 304-6420 FAX: (970) 304-6416 ENVIRONMENTAL HEALTH SERVICES: (970) 304-6415 FAX: (970) 304-6411 Subject: Tire Recycling, Inc. —3`d Quarter Inspection, 2007 Dear Mr. Immel: On July 26, 2007, the Weld County Dept. of Public Health & Environment conducted a routine inspection of Tire Recycling Inc., located at 12311 Weld County Road 41, Weld County, Colorado. The purpose of the inspection was to assess the facility's compliance with the following: (1) "Regulations Pertaining to Solid Waste Disposal Sites and Facilities" as promulgated by the Solid Waste Disposal Sites and Facilities Act, Title 30, Article 20, part 1, C.R.S., as amended, (2) Development Standards set forth in the facility's 2"d Amended Use by Special Review Permit Number 842 (2"dAmUSR-842), and (3) the Weld County Code. During the inspection the following violations were observed: 1. Tires were stacked an estimated 10-12 feet high (4 foot max. with five feet allowed for settling) in numerous disposal cells in violation of Development Standard 5 & 8 of the USR. 2. Tires obstructed access through fire lanes and the 50 foot separation required was not in place, in violation of Development Standard 4 & 8 of the USR and the site Fire & Safety Plan. 3. "fire Recycling failed to place tires into cells upon receipt and above ground stockpiles were higher than 10 feet and were not separated by 50 feet in violation of Development Standard 7 & 8 of the USR. These conditions are consistent with the conditions that existed on June 12, 2007, during the 2"d quarter of 2007 inspection. In the letter dated June 20, 2007, you were provided 20 days to correct the above violations, or be scheduled for a Probable Cause Hearing before the Board of County Commissioners to consider additional action, up to and including revocation of your permit.. The Probable Cause Hearing is scheduled for September 17, 2007, 09:00, at 915 10`" Street, Greeley, CO 80631. If you correct all or part of the above violations before your scheduled hearing, please notify this Department immediately. If you have any questions, please contact the Department at 304-6415. Sincerely, Deborah Blandin Environmental Health Manager Environmental Health Services cc: Trevor Jiricek, Director, Weld County Environmental Health Services (via e-mail) Doug Ikenberry, CDPHE — HMWMD Bruce Barker, Weld County Attorney (via e-mail) Jacqueline Hatch, Weld County Dept. of Planning Services (via e-mail) Anthony Losino, 12311 Weld County Road 41, Hudson, CO 80642 COLORADO • i DEPARTMENT OF PUBLIC HEALTH & ENVIRONMENT 1555 N. 17`h Avenue Greeley, CO 80631 WEBSITE: www.co.weld.co.us ADMINISTRATION: (970) 304-6410 FAX: (970) 304-6412 PUBLIC HEALTH EDUCATION & NURSING: (970) 304-6420 FAX: (970) 304-6416 ENVIRONMENTAL HEALTH SERVICES: (970) 304-6415 FAX: (970) 304-6411 July 30, 2007 Certified Letter No.: 7005 3110 0003 4871 6022 Tire Recycling, Inc. Attn: Mr. Dwain Immel 1801 Broadway, Suite 910 Denver, CO 80202 Subject: Tire Recycling, Inc. —3`d Quarter Inspection, 2007 Dear Mr. Immel: On July 26, 2007, the Weld County Dept. of Public Health & Environment conducted a routine inspection of Tire Recycling Inc., located at 12311 Weld County Road 41, Weld County, Colorado. The purpose of the inspection was to assess the facility's compliance with the following: (1) "Regulations Pertaining to Solid Waste Disposal Sites and Facilities" as promulgated by the Solid Waste Disposal Sites and Facilities Act, Title 30, Article 20, part 1, C.R.S., as amended, (2) Development Standards set forth in the facility's 2n° Amended Use by Special Review Permit Number 842 (2v°AmUSR-842), and (3) the Weld County Code. During the inspection the following violations were observed: 1. Tires were stacked an estimated 10-12 feet high (4 foot max. with five feet allowed for settling) in numerous disposal cells in violation of Development Standard 5 & 8 of the USR. 2. Tires obstructed access through fire lanes and the 50 foot separation required was not in place, in violation of Development Standard 4 & 8 of the USR and the site Fire & Safety Plan. 3. Tire Recycling failed to place tires into cells upon receipt and above ground stockpiles were higher than 10 feet and were not separated by 50 feet in violation of Development Standard 7 & 8 of the USR. These conditions are consistent with the conditions that existed on June 12, 2007, during the 2i° quarter of 2007 inspection. In the letter dated June 20, 2007, you were provided 20 days to correct the above violations, or be scheduled for a Probable Cause Hearing before the Board of County Commissioners to consider additional action, up to and including revocation of your permit. The Weld County Planning Department will be notifying you as to your hearing date. If you correct all or part of the above violations before your scheduled hearing, please notify this Department immediately. If you have any questions, please contact the Department at 304-6415. Sincerely, Deborah Blandin Environmental Health Manager cc: Trevor Jiricek, Director, Weld County Environmental Health Services (via e-mail) Doug Ikenberry, CDPHE — HMWMD Bruce Barker, Weld County Attorney (via e-mail) Jacqueline Hatch, Weld County Dept. of Planning Services (via e-mail) Anthony Losino, 12311 Weld County Road 41, Hudson, CO 80642 Platteville Fire Protection District (Attn: Ross Kissler PO Box 407, Platteville, CO 80651) Page 1 of Jacqueline Hatch rom: Jacqueline Hatch t: Tuesday, July 10, 2007 4:29 PM To:'DMIMMEL@aol.com';'Mav2064@aol.com' Subject: 3rd AMUSR-842 Mike and Dwain, I am just checking on the status of your application. On September 6, 2006 your application was approved by the Board of County Commissioners that included Condition of Approval that still need to be met. Please let me know that status as soon as possible Thank you Jacqueline Hatch Weld County Department of Planning Services 4209 County Road 24.5 Longmont CO 80504 Phone: 720-652-4210 ext 8730 Fax: 720-652-4211 • • 07/10/2007 Wilk COLORADO June 20, 2007 Tire Recycling, Inc. Attn: Mr. Dwain Immel 1801 Broadway, Suite 910 Denver, CO 80202 DEPARTMENT OF PUBLIC HEALTH & ENVIRONMENT 1555 N. 17th Avenue Greeley, CO 80631 WEBSITE: www.co.weld.co.us ADMINISTRATION: (970) 304-6410 FAX: (970) 304-6412 PUBLIC HEALTH EDUCATION & NURSING: (970) 304-6420 FAX: (970) 304-6416 ENVIRONMENTAL HEALTH SERVICES: (970) 304-6415 FAX: (970) 304-6411 Subject: Tire Recycling, Inc. —2n° Quarter Inspection, 2007 Dear Mr. Immel: On June 12, 2007, the Weld County Dept. of Public Health & Environment conducted a routine inspection of Tire Recycling Inc., located at 12311 Weld County Road 41, Weld County, Colorado. The purpose of the inspection was to assess the facility's compliance with the following: (1) "Regulations Pertaining to Solid Waste Disposal Sites and Facilities" as promulgated by the Solid Waste Disposal Sites and Facilities Act, Title 30, Article 20, part 1, C.R.S., as amended, (2) Development Standards set forth in the facility's 2" Amended Use by Special Review Permit Number 842 (2"AmUSR-842), and (3) the Weld County Code. During the inspection the following violations were observed: 1. Tires were stacked an estimated 10-12 feet high (4 foot max. with five feet allowed for settling) in numerous disposal cells in violation of Development Standard 5 & 8 of the USR. 2. Tires obstructed access through fire lanes and the 50 foot separation required was not in place, in violation of Development Standard 4 & 8 of the USR and the site Fire & Safety Plan. 3. Tire Recycling failed to place tires into cells upon receipt and above ground stockpiles were higher than 10 feet and were not separated by 50 feet in violation of Development Standard 7 & 8 of the USR. Tire Recycling Inc. has 20 days to correct the above violations. Tire Recycling Inc. must obtain necessary equipment and construct any needed cells in order to operate in compliance with 2n°AmUSR-842. Failure to correct the above violations within 20 days will result in the Probable Cause Hearing being scheduled before the Board of County Commissioners to consider additional action, up to and including revocation of your permit. If you have any questions regarding this inspection, please contact the department at 304-6415. Sincerely, Troy E. Swain Environmental Health Specialist Environmental Health Services cc: Trevor Jiricek, Director, Weld County Environmental Health Services (via e-mail) Doug Ikenberry, CDPHE — HMWMD Bruce Barker, Weld County Attorney (via e-mail) Jacqueline Hatch, Weld County Dept. of Planning Services (via e-mail) Anthony Losino, 12311 Weld County Road 41, Hudson, CO 80642 Platteville Fire Protection District (Attn: Ross Kissler PO Box 407, Platteville, CO 80651) Page 1 of 1 Jacqueline Hatch From: Jacqueline Hatch Sent: Wednesday, February 28, 2007 10:04 AM To: 'DMIMMEL@aol.com';'Mav2064@aol.com' Subject: 3rd AMUSR-842 Mike and Dwain, On September 26, 2006, your application for a use by special review was administratively approved by the Weld County Board of County Commissioners with specific Conditions of Approval. One of the required Conditions of Approval grants applicants sixty (60) days to submit a Mylar Plat. Should you choose not to complete the use by special review process and provide the required Mylar Plat, the Department of Planning Services will need to be notified in writing of your decision. If you do not formally withdraw your application and/or are unable to meet the Conditions of Approval, your case will be scheduled for a hearing before the Weld County Board of County Commissioners. Planning Staff will be recommending denial or your request at this hearing. If your application is denied by the Board of County Commissioners, the decision could affect future land development applications located on this parcel. Withdrawing applications will not generally affect future applications. Planning Services Staff is aware of the difficulty and associated delays in meeting the Conditions of Approval normally associated with land use cases, and is willing to work with you in completing your request. Please notify the Department of Planning Services, in writing, within 10 working days of your decision. I can be contacted at 720-652-4210 ext 8730 or my email. Thanks, Jacqueline 02/28/2007 COLORADO DEPARTMENT OF PUBLIC HEALTH & ENVIRONMENT 1555 N. 17th Avenue Greeley, CO 80631 WEBSITE: www.co.weld.co.us ADMINISTRATION: (970) 304-6410 FAX: (970) 304-6412 PUBLIC HEALTH EDUCATION & NURSING: (970) 304-6420 FAX: (970) 304-6416 ENVIRONMENTAL HEALTH SERVICES: (970) 304-6415 FAX: (970) 304-6411 February 5, 2007 Tire Recycling, Inc. Attn: Mr. Dwain Immel 1801 Broadway, Suite 910 Denver, CO 80202 Subject: Tire Recycling, Inc. — 1st Quarter Inspection, 2007 Dear Mr. Immel: On January 19, 2007, the Weld County Dept. of Public Health & Environment conducted a routine inspection of Tire Recycling Inc., located at 12311 Weld County Road 41, Weld County, Colorado. The purpose of the inspection was to assess the facility's compliance with the following: (1) "Regulations Pertaining to Solid Waste Disposal Sites and Facilities" as promulgated by the Solid Waste Disposal Sites and Facilities Act, Title 30, Article 20, part 1, C.R.S., as amended, (2) Development Standards set forth in the facility's 2"d Amended Use by Special Review Permit Number 842 (2"dAmUSR-842), and (3) the Weld County Code. During the inspection the following violations were observed: 1. The current financial assurance for the facility has been disapproved by the Colorado Dept. of Public Health & Environment's Hazardous Materials & Waste Management Division (CDPHE-HMWMD). See Division's Certified Letter, dated December 13, 2006. Provide evidence that you have obtained approval of your financial assurance from the Division by March 13, 2007. 2. Tires were stacked above the four feet in height in several cells and in fire lanes. Tires obstructed access through at least 6 fire lanes. In accordance with the facilities Fire Safety Evaluation, Fire Control Plan and 2"d AmUSR-842, remove the tires that are placed within the fire lanes. These tires must be removed within 45 days of the inspection (by March 6, 2007). 3. All conditions of approval for 3`d Amended Use by Special Review Number 842 must be met and the plat recorded prior to operating the proposed tire shredding and crumb rubber manufacturing process. The following actions must be taken within 45 days of the inspection (by March 6, 2007): (1) Submit a Revised Design & Operations Plan to include the tire shredding and crumb rubber manufacturing process to this Department and to the CDPHE-HMWMD, and (2) Provide evidence that you have submitted an Air Pollution Emission Notice (APEN) for the tire shredding and crumb rubber manufacturing process to the CDPHE Air Pollution Control Division. Tire Recycling, Inc. February 5, 2007 Page 2 • • • All development standards for this permit must be followed at all times or a Probable Cause Hearing will be scheduled before the Board of County Commissioners to consider additional action, up to and including revocation of your permit. If you have any questions regarding this inspection, please contact me at 304-6415, extension 2219. Sincerely, Troy E. Swain Environmental Health Specialist Environmental Health Services cc: Trevor Jiricek, Director, Weld County Environmental Health Services (via e-mail) Doug Ikenberry, CDPHE — HMWMD Robert Jorgenson CDPHE-APCD Bruce Barker, Weld County Attorneys Office (via e-mail) Jacqueline Hatch, Weld County Dept. of Planning Services (via e-mail) Bonita Ault, 12311 Weld County Road 41, Hudson, CO 80642 Platteville Fire Protection District (Attu: Ross Kissler PO Box 407, Platteville, CO 80651) • • NOTICE Pursuant to the zoning laws of the State of Colorado and the Weld County Code, a public hearing will be held in the Chambers of the Board of County Commissioners of Weld County, Colorado, Weld County Centennial Center, 915 10th Street, First Floor, Greeley, Colorado 80631, at the time specified. If a court reporter is desired, please advise the Clerk to the Board, in writing, at least five days prior of the hearing. The cost of engaging a court reporter shall be borne by the requesting party. In accordance with the Americans with Disabilities Act, if special accommodations are required in order for you to participate in this hearing, please contact the Clerk to the Board's Office at (970) 336-7215, Extension 4226, prior to the day of the hearing. The complete case file may be examined in the office of the Clerk to the Board of County Commissioners, Weld County Centennial Center, 915 10th Street, Third Floor, Greeley, Colorado 80631. E -Mail messages sent to an individual Commissioner may not be included in the case file. To ensure inclusion of your E -Mail correspondence into the case file, please send a copy to egesick@co.weld.co.us. DOCKET #: 2008-02 DATE: January 9, 2008 TIME: 10:00 a.m. APPLICANT: Tire Recycling, Inc. Attn: Dwain Immel 1801 Broadway, Suite 910 Denver, Colorado 80202 REQUEST: Hearing to show whether good cause exists for revocation of 2ndAmUSR #842 and 3rdAmUSR #842 LEGAL DESCRIPTION: Lots A and B of Recorded Exemption #1367; being part of the S1/2S1/2SE1/4 and N1/2S1/2SE1/4 of Section 32, Township 3 North, Range 65 West of the 6th P.M., Weld County, Colorado ISSUE: Whether or not the Permit holder is in compliance with the following Development Standards of 2ndAmUSR #842, as follows: 3. Storage cells shall be constructed for tire storage as follows: a. Before construction of each cell, a ten (10) foot deep hole shall be excavated near the center of the proposed trench area and shall be left open for a minimum of three (3) days to determine groundwater depth. A minimum of two (2) feet of separation shall be maintained between the lowest elevation of the cell and the highest elevation of the groundwater. b. Storage cells will be constructed in accordance with the facility's Design and Operations Plan and Fire Safety Evaluation and Fire Control Plan, dated April 28, 2003, and accompanying supplemental material. c. No more than eight (8) cells shall be excavated and exposed or filled at a time. • • • d. A minimum of fifty (50) feet shall be maintained between the top of each cell to allow for an adequate firebreak and access. 4. Fire equipment access roads shall be a minimum of fifty (50) feet wide, capable of providing access in all weather conditions and capable of supporting fire equipment of 50,000 pounds. 5. Tires in the cells shall be stacked a maximum of four (4) feet above the fire lane surface elevation or one (1) foot above the fire lane surface elevation for cells within the 200 -foot setback from oil and gas wells. An additional one (1) foot will be allowed for unevenness of the tire surfaces. Steel posts will be installed to a height of five (5) feet above ground elevation adjacent to and at the North -South center point on both sides of each cell. The top one (1) foot (from four (4) to five (5) feet) will be painted a bright color to allow for easier observation. 7. Tires received at the facility shall be placed into cells upon receipt. Tires stockpiled above ground for processing and/or recycling shall be stockpiled for a time not to exceed thirty (30) days. Above ground tire stockpiles shall not exceed ten (10) feet in height and shall be separated by a minimum width of fifty (50) feet. 8. The facility shall comply with the facility's Fire Safety Evaluation and Fire Control Plan and the requirements of the Platteville Fire Protection District at all times. 23. This facility shall comply with the laws, standards, rules and regulations of the Air Quality Control Commission, the Water Quality Control Commission, the Hazardous Materials and Solid Waste Division, and any other applicable agency. And whether or not the Permit holder is in compliance with the following Conditions of Approval and Development Standards of 3rdAmUSR #842, as follows: 1. Prior to recording the plat: A. The applicant shall address the requirements and concerns of the Department of Planning Services regarding landscaping, as stated in the referral response, dated December 30, 2005. Evidence of such shall be submitted, in writing, to the Weld County Department of Planning Services. The applicant shall submit a Landscape/Screening Plan that, at a minimum, delineates the proposed and existing landscaping on the site for review and approval. The applicant shall demonstrate how the proposed and existing landscaping on the site will be watered. Evidence of a commercial well for irrigation of the landscaping shall be supplied to the Department of Planning Services. B. The applicant shall submit a Property Maintenance Plan, in compliance with Section 23-3-360.G of the Weld County Code, to the Department of Planning Services for review and approval. C. The applicant shall provide a Lighting Plan. Should exterior lighting be a part of this facility, all light standards shall be delineated on the plat and be in accordance with Section 23-3-250.6.6 of the Weld County Code. D. The applicant shall address the requirements and concerns of the Platteville/ Gilcrest Fire Protection District, as stated in the referral response dated • • • January 27, 2006, including evidence that a copy of MSDS for all hazardous materials has been forwarded to the Platteville/Gilcrest Fire Protection District. Evidence of such shall be submitted, in writing, to the Weld County Department of Planning Services. E. The applicant shall address the requirements and concerns of the Weld County Sheriffs Office, as stated in the referral response dated January 26, 2006. Evidence of such shall be submitted, in writing, to the Weld County Department of Planning Services. F. The applicant shall address the requirements and concerns of the Weld County Department of Building Inspection, as stated in the referral response dated January 19, 2006. Evidence of such shall be submitted, in writing, to the Weld County Department of Planning Services. G. The applicant shall complete all proposed improvements, including those regarding landscaping, screening, access improvements, and parking lot requirements, or enter into an Improvements Agreement According to Policy Regarding Collateral for Improvements and post adequate collateral for all required materials. The itemized agreement and form of collateral shall be reviewed by County staff and accepted by the Board of County Commissioners prior to recording the plat. H. The applicant shall attempt to meet with the Weld County Sheriffs Office to discuss a security plan for the site free of charge. A detailed amended Design and Operations Plan shall be submitted to the Colorado Department of Public Health and Environment and the Weld County Department of Public Health and Environment for review and approval. The facility shall be constructed and operated in accordance with the approved design. Evidence of approval shall be submitted to the Department of Planning Services. J. Evidence shall be submitted to the Weld County Department of Public Health and Environment and the Colorado Department of Public Health and Environment that demonstrates the recycling facility was constructed in accordance with the approved design. Evidence of approval shall be submitted to the Department of Planning Services. K. All required Air Emissions Permits must be obtained from the Colorado Department of Public Health and Environment, Air Pollution Control Division. Evidence of such shall be submitted, in writing, to the Weld County Department of Public Health and Environment. Evidence of approval shall be submitted to the Department of Planning Services. L. A Fugitive Particulate Emissions Control Plan (Dust Control Plan) shall be submitted to the Weld County Department of Public Health and Environment for approval. Evidence of approval shall be submitted to the Department of Planning Services. M. The applicant shall demonstrate, through a revised Design and Operations plan, that all processed wastewater will be collected, disposed of, and/or used in accordance with the Colorado Water Quality Control Commission • • • and U.S. Environmental Protection Agency regulations. Evidence of approval shall be submitted to the Department of Planning Services. N. Due to the increased number of employees, the existing septic system shall be reviewed by a Colorado registered professional engineer. The review shall consist of observation of the system and a technical review describing the system's ability to handle the proposed hydraulic load. The review shall be submitted to the Environmental Health Services Division of the Weld County Department of Public Health and Environment. In the event the system is found to be inadequately sized or constructed, the system shall be brought into compliance with current regulations. Evidence of approval shall be submitted to the Department of Planning Services. O. The plat shall be amended to delineate the following: 1) The approved Fencing/Screening Plan. 2) All sheets of the final plat shall be labeled: 3rd AMUSR-842. 3) Weld County Road 41 is designated on the Road Capital Improvement Plan (County -Wide Road Impact Fee, Code Ordinance Section 20-1-30) as a collector status road, which requires 80 feet of right-of-way at full build out. There is presently 60 feet of right-of-way. This road is maintained by Weld County. 4) Off-street parking, including access drives and fire lanes, shall be surfaced with gravel or the equivalent, shall be graded to prevent drainage problems, and shall be capable of handling the weight and turning radiuses of any fire trucks/emergency vehicles. 5) A minimum of thirty (30) parking spaces shall be delineated on the plat, and shall include accommodations that meet the requirements of the American with Disabilities Act (ADA). Each parking space shall include a curb stop; however, one curb stop centered over two paring spaces is acceptable. 6) A loading area shall be delineated on the plat, per Section 23-3-350.D of the Weld County Code. 7) Signs, as approved, shall be delineated on the plat. 8) Areas used for sorting and processing tires shall be delineated on the plat. 9) The approved Landscape/Screening Plan shall be delineated on the plat. 10) The approved Lighting Plan shall be delineated on the plat. 11) The location of the dumpster shall be delineated on the plat. Areas used for trash collection shall be screened from public rights -of -way and all adjacent properties. These areas shall be designed and used in a manner that will prevent trash from being scattered by wind or • • • animals, as outlined in Section 23-3-250.A.6 of the Weld County Code. 2. Upon completion of Condition of Approval #1 above, the applicant shall submit a Mylar plat, along with all other documentation required as Conditions of Approval. The Mylar plat shall be recorded in the office of the Weld County Clerk and Recorder by the Department of Planning Services. The plat shall be prepared in accordance with the requirements of Section 23-2-260.D of the Weld County Code. The Mylar plat and additional requirements shall be submitted within thirty (30) days from the date of the Board of County Commissioners Resolution. The applicant shall be responsible for paying the recording fee. 3. In accordance with Weld County Code Ordinance #2005-7, approved June 1, 2005, should the plat not be recorded within the required thirty (30) days from the date of the Board of County Commissioners Resolution, a $50.00 recording continuance charge shall added for each additional three (3) month period. 4. The Department of Planning Services respectfully requests the surveyor provide a digital copy of this Third Amended Use by Special Review. Acceptable CAD formats are .dwg, .dxf, and .dgn (Microstation); acceptable GIS formats are ArcView shapefiles, Arclnfo Coverages and Arclnfo Export files format type is .e00. The preferred format for Images is .tif (Group 4). (Group 6 is not acceptable). This digital file may be sent to maps@co.weld.co.us. 5. The Third Amended Use by Special Review activity shall not occur, nor shall any building or electrical permits be issued on the property, until the Third Amended Use by Special Review plat is ready to be recorded in the office of the Weld County Clerk and Recorder. Development Standard #19 - Storage cells shall be constructed for tire storage as follows: a. Before construction of each cell, a ten (10) foot deep hole shall be excavated near the center of the proposed trench area, and shall be left open for a minimum of three days to determine groundwater depth. A minimum of two (2) feet separation shall be maintained between the lowest elevation of the cell and the highest elevation of the groundwater. b. Storage cells will be constructed in accordance with the facility's Design and Operations Plan and Fire Safety Evaluation and Fire Control Plan, dated April 28, 2003, and accompanying supplemental material. c. No more than eight (8) cells shall be excavated and exposed or filled at a time. d. A minimum of fifty (50) feet shall be maintained between the top of each cell to allow for an adequate firebreak and access. Development Standard #20 - Tires in the cells shall be stacked a maximum of four (4) feet above the fire lane surface elevation, or one (1) foot above the fire lane surface elevation for cells within the 200 -foot setback from oil and gas wells. An additional one (1) foot will be allowed for unevenness of the tire surfaces. Steel posts will be installed to a height of five (5) feet above ground elevation adjacent to, and at, the North -South center point on both sides of each cell. The top one (1) foot (from 4 to 5 feet) will be painted a bright color to allow for easier observation. • • • Development Standard #22 - Tires received at the facility shall be placed into cells upon receipt. Tires stockpiled above ground for processing and/or recycling shall be stockpiled for a time not to exceed 30 days. Above ground tire stockpiles shall not exceed ten (10) feet in height and shall be separated by a minimum width of fifty (50) feet. Development Standard #23 - The facility shall comply with the facility's Fire Safety Evaluation and Fire Control Plan and the requirements of the Platteville Fire Protection District at all times. Development Standard #37 - This facility shall comply with the laws, standards, rules and regulations of the Air Quality Control Commission, the Water Quality Control Commission, the Hazardous Materials and Solid Waste Division, and any other applicable agency. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO DATED: December 20, 2007 PUBLISHED: December 26, 2007, in the Fort Lupton Press • S CERTIFICATE OF MAILING The undersigned hereby certifies that a true and correct copy of the foregoing Notice of Hearing, Docket #2007-02, was placed in the United States mail, first class mail, postage prepaid, addressed to the following property owners. DATED this 20th day of December, 2007. C/O DWAIN IMMEL TIRE RECYCLING, INC. 1801 BROADWAY STE 910 DENVER CO 80202 TIRE RECYCLING INC 12311 CR 41 HUDSON CO 80623 BUTTERBALL LLC 450 N FRONT ST PLATTEVILLE CO 80651 WALTER CANNON LLC AND WALTER/CANNON PARTNERSHIP 3575 CHERRY CREEK NORTH DR DENVER CO 80207 C/O STEPHEN WOLF B AND M LAND COMPANY 968 SYRACUSE ST DENVER CO 80230 RUSSELL AND JOELLEN REIGLE 11535 POTOMAC ST BRIGHTON CO 80603 JOHN AND ELEANOR HOCHMILLER LIVING TRUSTS PO BOX 600 HUDSON CO 80642 CERTIFICATE OF MAILING The undersigned hereby certifies that a true and correct copy of the foregoing Notice of Hearing, Docket #2007-02, was placed in the United States mail, first class mail, postage prepaid, addressed to the following property owners. DATED this 20th day of December, 2007. C/O DWAIN IMMEL TIRE RECYCLING, INC. 1801 BROADWAY STE 910 DENVER CO 80202 TIRE RECYCLING INC 12311 CR 41 HUDSON CO 80623 BUTTERBALL LLC 450 N FRONT ST PLATTEVILLE CO 80651 WALTER CANNON LLC AND WALTER/CANNON PARTNERSHIP 3575 CHERRY CREEK NORTH DR DENVER CO 80207 C/O STEPHEN WOLF B AND M LAND COMPANY 968 SYRACUSE ST DENVER CO 80230 RUSSELL AND JOELLEN REIGLE 11535 POTOMAC ST BRIGHTON CO 80603 JOHN AND ELEANOR HOCHMILLER LIVING TRUSTS PO BOX 600 HUDSON CO 80642 Deputy Clerk to the Board Upon return of mail for the first address listed, a notice was sent by Certified Mail on 12/28/2007 to: DWAIN IMMEL 7000 W PRINCETON AVE DENVER CO 80235 a1 Depuy CIeto the Bo dico AFFIDAVIT OF INTERESTED LAND OWNERS Page 1 of AFFIDAVIT OF INTERESTED LAND OWNERS SURFACE ESTATE ect Parcel: 121332000019 THE UNDERSIGNED, states that to the best of his or her knowledge the attached list is a true and accurate list of thi names, addresses, and the corresponding Parcel Identification Number assigned by the Weld County Assessor of the owners of the property (the surface estate) within 500 feet of the property being considered. This list was compiled utilizing the records of the Weld County Assessor available on the Weld County Internet Mapping site, http://www.co.weld.co.us, and has not been modified from the original. The list compiled from the records of the Weld County Assessor was assembled within thirty days of the application's submission date. Signature Date Property Owners Within 500 ft. of Parcel# 121332000019 NAME MAILING ADDRESS PARCEL IDENTIFICATION 14 BUTTERBALL LLC 450 N FRONT ST PLATTEVILLE,CO 80651 121332000004 O RECYCLING INC 12311 CR41 HUDSON,CO 80623 121332000020 TIRE RECYCLING INC 12311 CR41 HUDSON,CO 80623 121332000023 TIRE RECYCLING INC 12311 CR 41 HUDSON,CO 80623 121332000024 WALTER CANNON LLC 3575 CHERRY CREEK N DR DENVER,CO 80209 121333000007 WALTER/CANNON PARTNERSHIP 3575 CHERRY CREEK NORTH DR DENVER,CO 80207 121333000008 • http://maps2.merrick.com/website/weld/setSql.asp?cmd=buffer&PIN=121332000019&Par 1=1213 320... 12/12/20( AFFIDAVIT OF INTERESTED LAND OWNERS Page 1 of AFFIDAVIT OF INTERESTED LAND OWNERS SURFACE ESTATE "Sect Parcel: 121332000020 THE UNDERSIGNED, states that to the best of his or her knowledge the attached list is a true and accurate list of th names, addresses, and the corresponding Parcel Identification Number assigned by the Weld County Assessor of the owners of the property (the surface estate) within 500 feet of the property being considered. This list was compiled utilizing the records of the Weld County Assessor available on the Weld County Internet Mapping site, http://www.co.weld.co.us, and has not been modified from the original. The list compiled from the records of the Weld County Assessor was assembled within thirty days of the application's submission date. Signature Date Property Owners Within 500 ft. of Parcel# 121332000020 NAME MAILING ADDRESS PARCEL IDENTIFICATION f! B & M LAND COMPANY C/O STEPHEN WOLF 968 SYRACUSE ST DENVER,CO 80230 130705000007 O•TERBALL LLC 450 N FRONT ST PLATTEVILLE,CO 80651 121332000004 REIGLE RUSSELL & Additional Owners: 11535 POTOMAC ST BRIGHTON,CO 80603 130704000001 REIGLE JOELLEN TIRE RECYCLING INC 12311 CR 41 HUDSON,CO 80623 121332000019 WALTER CANNON LLC 3575 CHERRY CREEK N DR DENVER,CO 80209 121333000007 WALTER/CANNON PARTNERSHIP 3575 CHERRY CREEK NORTH DR DENVER,CO 80207 121333000008 • http://maps2.merrick.com/website/weld/setSgl.asp?cmd=buffer&PIN=12133 2000020&Par 1=1213320... 12/12/201 AFFIDAVIT OF INTERESTED LAND OWNERS Page 1 of AFFIDAVIT OF INTERESTED LAND OWNERS SURFACE ESTATE •ect Parcel: 121332000023 THE UNDERSIGNED, states that to the best of his or her knowledge the attached list is a true and accurate list of th names, addresses, and the corresponding Parcel Identification Number assigned by the Weld County Assessor of the owners of the property (the surface estate) within 500 feet of the property being considered. This list was compiled utilizing the records of the Weld County Assessor available on the Weld County Internet Mapping site, http://www.co.weld.co.us, and has not been modified from the original. The list compiled from the records of the Weld County Assessor was assembled within thirty days of the application's submission date. Signature Date Property Owners Within 500 ft. of Parcel# 121332000023 NAME MAILING ADDRESS PARCEL IDE#TIFICATIOI HOCHMILLER JOHN E LIVING TRUST 1/2 INT & Owners: PO BOX 600 HUDSON,CO 80642 121332000021 rditional HMILLER M ELEANOR LIVING TRUST INT TIRE RECYCLING INC 12311 CR41 HUDSON,CO 80623 121332000024 TIRE RECYCLING INC 12311 CR 41 HUDSON,CO 80623 121332000019 WALTER CANNON LLC 3575 CHERRY CREEK N DR DENVER,CO 80209 121333000007 • http://maps2.merrick.com/website/weld/setSgl.asp?cmd=buffer&PIN=121332000023&Par 1=1213330... 12/12/20 AFFIDAVIT OF INTERESTED LAND OWNERS Page 1 of AFFIDAVIT OF INTERESTED LAND OWNERS SURFACE ESTATE *cu. Parcel: 121332000024 THE UNDERSIGNED, states that to the best of his or her knowledge the attached list is a true and accurate list of th names, addresses, and the corresponding Parcel Identification Number assigned by the Weld County Assessor of the owners of the property (the surface estate) within 500 feet of the property being considered. This list was compiled utilizing the records of the Weld County Assessor available on the Weld County Internet Mapping site, http://www.co.weld.co.us, and has not been modified from the original. The list compiled from the records of the Weld County Assessor was assembled within thirty days of the application's submission date. Signature Date Property Owners Within 500 ft. of Parcel# 121332000024 NAME MAILING ADDRESS PARCEL IDENTIFICATIOI' BUTTERBALL LLC 450 N FRONT ST PLATTEVILLE,CO 80651 121332000004 •HMILLER JOHN E LIVING TRUST 1/2 INT & Additional Owners: PO BOX 600 HUDSON,CO 80642 121332000021 HOCHMILLER M ELEANOR LIVING TRUST 1/2INT TIRE RECYCLING INC 12311 CR41 HUDSON,CO 80623 121332000023 TIRE RECYCLING INC 12311 CR 41 HUDSON,CO 80623 121332000019 WALTER CANNON LLC 3575 CHERRY CREEK N DR DENVER,CO 80209 121333000007 ID http://maps2.merrick.com/website/weld/setSgl.asp?cmd=buffer&PIN=121332000024&Part=1213320... 12/12/20( Page 1 of 1 Jennifer VanEgdom From: Jacqueline Hatch Sent: Wednesday, December 26, 2007 2:18 PM To: Jennifer VanEgdom; Debbie Blandin Subject: FW: Tire Recycling Inc. Attachments: Tire Recycling Inc. - 4.doc This is for the tire recycling file (3rd amusr-842) Thanks!! From: Russ Kissler [mailto:rkissler@pgfpd.orgj Sent: Monday, December 17, 2007 10:12 AM To: charles.johnson@state.co.us; Jacqueline Hatch; Douglas.Ikenberry@state.co.us Subject: Tire Recycling Inc. See attached letter. Russell Kissler Fire Prevention Tech. Platteville/Gilcrest Fire Dist. 303 Main St. / POBox 407 Platteville, CO 80651 •970-785-2232 970-785-0139 Fax • 12/26/2007 Platteville/Gilcrest Fire Protection District 303 Main Street / POBox 407 Platteville, CO 80651 December 17, 2007 Tire Recycling, Inc. Attn: Mr. Dwain Immel 12311 WCR 41 Hudson, CO 80642 RE: Site Inspection Mr. Dwain Immel, On December 14, 2007, I conducted an inspection of the tire cells at your facility. The following is the list of violations that were found that do not comply with the fire safety control plan for your facility. • All fire lanes need to be clear of all tires, debris, and any combustible materials. Fire lanes shall be 50 feet across between cells. Fire lanes shall be accessible for fire apparatus 24 hours, 7 days a week. • Tires shall not be staked higher than 5 feet above ground level. Some cells were found to be over 10 feet high. • 5 foot level markers were not found at all of the cells. Markers need to be at the North and South sides, at center point, of each cell. If you have any questions or concerns you can contact me at 970-785-2232 x 105. Sincerely, Russell Kissler Fire Prevention Tech. • Page 1 of 2 Jennifer VanEgdom From: Jacqueline Hatch Sent: Friday, December 28, 2007 1:01 PM To: Trevor Jiricek; Jennifer VanEgdom; Debbie Blandin Subject: FW: Tire Recycling Facility See below From: DMIMMEL@aol.com [mailto:DMIMMEL@aol.com] Sent: Friday, December 28, 2007 12:07 PM To: Jacqueline Hatch Cc: alosino@hotmail.com Subject: Re: Tire Recycling Facility Jacqueline: My business mailing address is: Tire Recycling, Inc. 12311 Weld County Rd 41 Hudson, CO 80642 The address I had at 1801 Broadway, Suite 910, Denver, CO 80202 has been closed as of September 2007, or my home address is: Dwain Immel 7000 W. Princeton Ave. Denver, CO 80235 If you have any questions, please call me to discuss. I believe that we have been able to complete all of the items and fire lanes that were in question at the Hudson site last fall to bring the site back into compliance. We anticipating starting to start shredding the tire inventory at the Hudson site in the 1Q/2008, and making a tire derived fuel ("TDF") product. This TDF product will be sold to Independent Power Plant (IPP) Operators and Cement Plant Operators as an alternative fuel to generate renewable energy for their facilities starting in the 2Q/2008. In addition to the sale of TDF to these end users as alternative fuel, we are also negotiating a long term contract to sell TDF to a ambient Crumb Rubber Plant Operator at the Hudson site. This Crumb Rubber Plant Operator expects to use up to 20,000 tons per year of TDF product to produce various ambient crumb rubber products to end users in the artificial turf field industry, the asphalt paving industry and the landscaping & playground industry. With these long term TDF contracts, we hope to be able to recycle a majority of the used tire inventory at the Hudson site into a TDF product over the next 5+ years. By the 2Q/2008, we hope to be able to recycle up to 500,000 tires or approximately 5,000 tons of tires per month into a TDF product for sale to end users. At this level we expect to be able to recycle and reduce the Hudson tire inventory over the next five years. If you would like to arrange a meeting to tour the Hudson site, please call me at 303-638-7150 or Anthony Losino at the Hudson office. Hopefully with your site review, we could eliminate the need for the hearing on January 9th. Let me know if this makes sense. 12/28/2007 Page 2 of 2 Regards, Tire Recycling, Inc. Dwain Immel, President See AOL's top rated recipes and easy ways to stay in shape for winter. 12/28/2007 STATE OF COLORADO • • Bill Ritter. Jr_. Governor James B. Martin, Executive Director Dedicated to protecting and improving the health and environment of the people of Colorado 4300 Cherry Creek Dr. S. Denver, Colorado 80246-1530 Phone (303) 692-2000 TDD Line (303) 691-7700 Located in Glendale. Colorado http://www.cdphe.state.co.us Laboratory Services Division 8100 Lowry Blvd. Denver. Colorado 80230-6928 (303) 692-3090 Colorado Department of Public Health and Environment July 22, 2008 Certified Mail # 7005 1820 0000 3208 7557 Return Receipt Requested Mr. Dwain M. Mime' Operator and Registered Agent for Tire Recycling, Inc. 7000 W. Princeton Avenue Denver, CO 80235 RE: Compliance Advisory for Failure to Implement Tire Recycling, Inc.'s Facility Closure Plan Dear Mr. Immel: On July 2. 2008. the Hazardous Materials and Waste Management Division of the Colorado Department of Public Health and Environment (the "Department') learned that the "Fire Recycling facility, located at 12311 Weld County Road 41, near Hudson, Colorado 80462 (the "Facility"). had ceased facility operations on or about June 21.2008. With this Compliance Advisory, the Department is hereby notifying you that you and Tire Recycling, Inc. have violated, or are in violation of certain provisions of the Colorado Solid Waste Act. sections 30-20-100.5 through 122, C.R.S. (the "Act") and the Colorado Solid Waste Regulations at 6 CCR 100T2 (the "Regulations") and the facility's approved Design and Operations Plan regarding closure of the Facility. Department personnel will review the facts established during this inspection and this notice may he revised to include additions or clarifications as a result of that review. Please be aware that you are responsible for complying with the State solid waste regulations and that there are civil penalties for failing to do so. The issuance of this Compliance Advisory does not limit or preclude the Department from pursuing its enforcement options concerning this inspection including issuance ofa Compliance Order and/or seeking an assessment of civil penalties. Also, this Compliance Advisory does not constitute a bar to enforcement action for conditions that are not addressed in this Compliance Advisory, or conditions found during future file reviews or inspections of your facility. The Department will take into consideration the response from Tire Recycling to the requested actions listed below for each cited deficiency in its consideration of enforcement options. Tire Recycling, Inc. ceased operations at the Facility without implementing a closure plan in accordance with the Regulations. The Facility is an "abandoned facility" as defined in Section 1.2 of the Regulations. Pursuant to § 30-20-113(1)(a), C.R.S., no person shall abandon a solid wastes disposal site and facility or operate, maintain, or close such a facility in a manner that violates any of the provisions of part I of the Act, any rule or regulation adopted thereto, or any certificate of designation issued under § 30-20-104, C.R.S. �`o //L, /2 Mr. Dwain M. Immel Tire Recycling, Inc. July 22, 2008 Page? of 2 In accordance with § 2.5.2 of the Regulations, no person shall close a solid waste disposal site and facility without notifying the Department and the governing body having jurisdiction in writing at least sixty (60) days in advance of the closure date. The Department did not receive any notification prior to the closure of the Facility. Pursuant to § 2.5.3 of the Regulations, the operator of a solid waste disposal site and facility shall notify the general public at least sixty (60) days in advance of the proposed closure date by placing signs of suitable size at the entrance to the site and facility. The general public was not provided with advance notice of the facility's closing as required by § 2.5.3 of the Regulations. The Department requests that Tire Recycling immediately implement the Facility's September 28, 2007 Closure Plan in accordance with the plan and the Regulations, or reopen and resume operation of the facility in full compliance the Act, Regulations, and approved plans. You must notify the Department within ten (10) calendar days of your receipt of this letter as to your intentions. Please be advised that failure to close the Facility in compliance with the Act and the Regulations, or resume fully compliance operations will result in further enforcement actions by the Department. Should you desire to schedule an informal conference or wish to discuss the technical aspects of this matter, please contact me at (303) 692-3348. Questions of a legal nature may be directed to David Banas of the Colorado Attorney General's Office at (303) 866-5456. I urge you to give this matter your immediate attention. Sincerely, Charles G. Johnson Solid Waste and Material Management Unit Leader Hazardous Materials and Waste Management Division cc: David Banas, Office of the Attorney General Hal Lewis, Lindquist & Vennum P.L.L.P. Kelly E., American E & S Insurance Brokers Weld County Commissioners Solid Waste Tracking S W/WLD/TRI/ 1.6 • • • • • Platteville/Gilcrest Fire Protection District 303 Main Street / POBox 407 Platteville, CO 80651 August 26, 2008 Tire Recycling, Inc. Attn: Mr. Dwain Immel 12311 WCR 41 Hudson, CO 80642 RE: Site Inspection Mr. Dwain Immel, On August 26, 2008, I conducted an inspection of the tire cells at your facility. The following is what I found. • I found two fire lanes that were clear on my previous inspections but now have tires blocking the lanes. • Cells that were at the required 5 foot level on my last inspection have had tires added to them since then. • Temporary holding areas have gotten larger with more tires. Tires are being unloaded at the east end of the temporary holding area and are getting close to a well head. I walked off the distance and tires are approximately 75 feet away from the well head. • At this time, one new cell is being constructed. If you have any questions or concerns you can contact me at 970-785-2232 x 105. Sincerely, Russell Kissler Fire Prevention Tech. EX�H'IBITT l G. Ate Shaw Cauca MEMORANDUM otrig WFIYG COLORADO TO: BOARD OF COUNTY COMMISSIONERS FROM: WELD COUNTY DEPT. OF PUBLIC HEALTH & ENVIRONMENT SUBJECT: TIRE RECYCLING INC. DATE: NOVEMBER 18, 2008 During the August 27, 2008 show cause hearing before the Weld County Commissioners, the hearing was continued until November 19, 2008 to grant Tire Recycling Inc. additional time to bring the facility into compliance. Staff was directed to inspect the facility to observe and document progress. Observations regarding Tire Recycling Inc's progress follow (the boards direction was summarized in bold): Direct all incoming fires into pits upon arrival. Tire Recycling Inc. has directed all incoming tires into disposal pits based on the Department's inspection observations and photographs (see Pit 1 Progress Photos, Pit 2 Progress Photos, e-mail dated September 4, 2008 and report dated September 15, 2008 from Dwain Immel. Move existing stored tires into pits. Most of the facilities effort in removing existing surface piles has been spent creating fire lanes. See entrance to disposal area progress photos and report dated September 15, 2008 from Dwain Immel. After fmding that equipment was not operating during inspections, hour meter readings were recorded. Between October 21, 2008 and November 17, 2008, operating hours: track hoe = 85, Fiat -Allis loader = 35, J.D. loader = 27 (start October 28, 2008), grader = 4, additional track hoe and 2 trailers being used during November 17, 2008 inspection. Provide weekly reports to the Weld County Dept. of Public Health & Environment weekly, which indicate approximate totals for the previous week of the number of incoming tires deposited in pits and number of existing tires moved into the pits. Only one report was received from Mr. Dwain Immel, dated September 15, 2008, which included weekly reports for 3 weeks. Prioritize movement of tires stored on surface to move tires currently in fire lanes and near oil & gas wells first and reduce height of surface storage piles to 5 feet. Based on the Department's observations, most of the facilities effort regarding existing surface storage piles was directed to creating fire lanes. Surface storage pile fire lanes are mostly clear but piles exceed 5 feet in height (Photo #10, November 17, 2008). The north end of a tire surface pile is within 150 feet of a gas well (Photo #9, November 17, 2008). The following documents and photos are available: inspection photos from November 17, 2008 (10), Pit 1 Progress Photos (8), Pit 2 Progress Photos (5), Entrance to Disposal Area Progress (11), Facility Entrance (3), September 4, 2008 e-mail from Mr. Dwain Immel, September 15, 2008 report from Mr. Dwain Immel, and Department notes of equipment hour readings. EXHIBIT F Esther Gesick From: •nt: : Subject: Attachments: Troy Swain Tuesday, November 18, 2008 2:59 PM Esther Gesick Jacqueline Hatch; Trevor Jiricek Documents and photos for Tire Recycling Inc. November 19, 2008 hearing... 081119 Hearing Memo Board of County Commissioners.doc; Tire Recycling 11-17-2008 photos.ZlP; Tire Recycling Pit 1 Progress.ZlP; Tire Recycling Pit 2 Progress.ZlP; Tire Recycling surface pile near storage area entrance progress.ZlP; Tire Recycling surface piles facility entrance progress.ZlP 081119 Hearing Tire Recycling Tire Recycling Pit 1 lire Recycling Pit 2 lire Recycling Tire Recycling Memo Board of C... 11-17-2008 phot... Progress.... Progress.... surface pile ne... surface piles f... photos for Tire Recycling Inc. November 19, 2008 hearing: Documents attached to e-mail: November 18, 2008 Memo from Weld County Dept. of Public Health & Environment to Board of County Commissioners, November 17, 2008 Inspection Photos (10 photos in winzip file), Pit 1 Progress Photos (8 photos in winzip file), Pit 2 Progress Photos (5 photos in winzip file), Entrance to Disposal Area Progress (11 photos in winzip file), Facility Entrance (3 photos in winzip file), Also faxing over 3 documents: (1) September 4, 2008 e-mail from Mr. Dwain Immel, (2) September 15, 2008 report from Mr. Dwain Immel, and (3) Department notes of equipment hour readings. ail roy E. Swain, B.S., R.S. vironmental Health Specialist nvironmental Health Services Weld County Dept. of Public Health & Environment 1555 N. 17th Avenue Greeley, Colorado 80631 (970) 304-6415, ext. 2219 (office) (970) 304-6411 (fax) • Documents and 1 NOV-18-2008 TUE 03:08 PM W C ENVIRONMENTAL HEALTH FAX NO. 970 304 6411 P. 03 Page 1 of 1 Trevor Jiricek From: DMIMMEL@aol.com Sent; Thursday, September 04, 2008 6:53 AM To: Trevor Jiricek Subject; Re: FW: Tire Recycling, Inc. - RESEND Traver Jiricek: I wanted to confirm that I finally received your email today and will respond accordingly. In summary, we have been placing all of the incoming scrap tires at the Hudson site directly into the new plt/cell we completed on August 25, 2008 on a daily basis. We started to move some of the tires from the above ground cells into this new pit as well starting on August 29, 2008. We were closed for business over the labor day weekend and spent Tuesday and Wednesday September 2nd and 3rd working on our front end loaders and track hoe equipment to be able to have it ready to move larger quantities of tires from the above ground storage cells into the new pit on a daily basis. Our game plan as discussed is to first clear out the fire lanes of any excess tires and then to move the tires located near any well head first back to where we have a minimum of 150' set back from the well head. I am talking with a couple of local trucking companies to arrange the use of some additional dump trucks to assist Tire Recycling, Inc. in the moving of the scrap tires from the above ground storage cells into the new pit/cell. In the meantime we will continue to use our existing on -site equipment to move these tires. As discussed I will forward you a weekly status report on the progress on Monday the 8th of September and every Monday thereafter until the tires stored in the above ground storage cells are moved into the new pits. At the same time we are moving tires into the new pit, we are continuing to work on digging a second pit for future tire storage capacity, with a game plan of having this second pit completed prior to filling up the first new tire storage pit. If you have any questions, please call to discuss. Regards, Tire Recycling, Inc. Dwain Immel, President It's only a deal if it's where you want to go. Find your travel deal hide. 9/5/2008 NOV-18-2008 TUE 03:08 PM W C ENVIRONMENTAL HEALTH FAX NO. 970 304 6411 P. 04 TRI Tire Recycling, Inc • • • 12311 WCR 41 Hudson, Co 80642 Phone: 303-536-0223 Fax: 303-536-4156 September 15, 2008 Trevor Jirvicik, Director Weld County DPH&E 15551J: 17n Avenue Greeley, CO 80631 Phone: 970-304-6415 Fax: 970-304-6411 email:tjirvicik@co.weld.co.us RE: Report for Tire Recycling, Inc. Hudson facility Dear Trever: We continue to dispose of all incoming tires at the Hudson facility into our new pit/cell on the property. In addition to disposing of all of the incoming scrap tires, we have started to move some of the existing tires that have been stored in surface cells into the new pit. We have also finished clearing all of the fire lanes of. scrap tires and have moved tires located near one of the gas wells located on the property to allow a set back of at least 150' to comply with Platteville Fire District and Oil and Gas Commission guidelines. With the new pit or storage cell we have stopped placing any new tires on the surface and are beginning to move existing tires stored in surface cells into the new pit. Working around weather conditions of fall rains, whenever the ground is dried out we continue to construct and excavate a second new tire pit/cell for additional tire storage capacity. One of the objectives is to have this second new tire pit or storage cell completed prior to filling up the new tire storage cell recently completed in August 2008. Since August 28, 2008, all incoming tires that have been disposed of at the Hudson tire landfill facility have been placed in storage in the new tire cell. The volumes of tires disposed of at the Hudson site since August 28, 2008 has been as follows: Tires Tires Tires/Sold Week Ending Disposed Moved Removed Week Ending In Pits into Pits from Site August 29, 2008 9,467 3,500 128 September 5, 2008 10,280 6,500 55 September 12, 2008 7,245 6,500 18 Working equipment on site used to excavate dirt for the new tire pits and used to move tires from existing storage cells on the property consists of One (1) Trackboe and Two (2) Front End Loaders operated by contract labors. If you have any questions please call me at 303-638-7150 to discuss. Regards, Dwain Immel, President Cc: Troy Swain-tswain@co.weld.co.us NOV-18-2008 TUE 03:08 PM W C ENVIRONMENTAL HEALTH FAX NO, 970 304 6411 P. 05 • • • jo3o Le /14,24 -en. a°v2,c recd-. .ad 6y L4I;u - vcattE >.Z93 to. X2.7 in'i"4 All, s -,r i r a .": it 1r; Ti $ t,.. i e 4 d`, ' � N\ 1/4 i \ t ....' ig S., ,OFt‘. 1/4.1.*,. -sallitTIN% . i �-. �iti -"- y'C' 4( \1/4 i L ts. 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I ,4 ‘!. 2 1414 Tai#- ie CI c b, } t6^ 4 j b L t a a r --a1/43/4%, : allill, #: 1 : Jv ti., - 0 Plait A ' .‘, a 1/44 k wis ‘Imp ,!-P r '4 ' % 1 -V c l. ,.. ` V, V\ 0 j r1<<ir�.: l , t -3- it' 1 .'," 'is , *4 '1/4 y 1/4.... 1 6 ti 'i ii..1/4.- i f tb 1 `` ' . _,,..\4444..1,,ft • ...._ r \ % `� • ;G • .1, 0 i ;IM` '01' \\ 4• 0‘ I • ' r 47v e s• wit ;,• T 'p' r I •H 1 a VI 4 AN . f Weld County - Meetings and Minutes - Resolutions Page 1 of 2 • • Welcome to 11'eld C'oustly, COLoFtt(tO Home d Services q Departments 11 About Weld ii Property Information Ij Contact Us Clerk to the Board > Meetings & Minutes > Board Calendar > Social Services Board Minutes RESOLUTION RE: ACTION OF BOARD AT SHOW CAUSE HEARING CONCERNING SECOND AMENDED USE BY SPECIAL REVIEW PERMIT #842 FOR A SOLID WASTE DISPOSAL SITE AND FACILITY (COMMERCIAL JUNKYARD AND SALVAGE YARD INCLUDING TIRE LANDFILL, STORAGE AND RECYCLING FACILITY) AND A MOBILE HOME FOR HOUSING IN THE I-3 (INDUSTRIAL) ZONE DISTRICT, AND THIRD AMENDED USE BY SPECIAL REVIEW PERMIT #842 FOR A SOLID WASTE DISPOSAL SITE AND FACILITY (COMMERCIAL JUNKYARD AND SALVAGE YARD, INCLUDING A TIRE LANDFILL, STORAGE, SHREDDING, AND RECYCLING FACILITY), MANUFACTURING/ PROCESSING FACILITY (CRYOGENIC PROCESSING/CRUMB RUBBER), AND A MOBILE HOME FOR HOUSING IN THE I-3 (INDUSTRIAL) ZONE DISTRICT - TIRE RECYCLING, INC. WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to Colorado statute and the Weld County Home Rule Charter, is vested with the authority of administering the affairs of Weld County, Colorado, and WHEREAS, on January 9, 2008, a Show Cause Hearing was conducted to consider revocation of Second Amended Use by Special Review Permit #842 for a Solid Waste Disposal Site and Facility (commercial junkyard and salvage yard including tire landfill, storage and recycling facility) and a Mobile Home for Housing in the I-3 (Industrial) Zone District, and Third Amended Use by Special Review Permit #842 for a Solid Waste Disposal Site and Facility (commercial junkyard and salvage yard, including a tire landfill, storage, shredding, and recycling facility), Manufacturing/Processing Facility (cryogenic processing/crumb rubber), and a Mobile Home for housing in the I-3 (Industrial) Zone District, issued to Tire Recycling, Inc., 12311 County Road 41, Hudson, Colorado 80623, and WH EAS, Tire Recycling, Inc. the current owner of the facility located on property being further des ibed as follows: __- Lots A and B of Recorded Exemption #1367; being part of the S1/2S1/2SE1/4 and N1/2S1/2SE1/4 of Section 32, Township 3 North, Range 65 West of the 6th P.M., Weld County, Colorado Wli.EkEASr at said hearing on January 9, 2008, after hearing all testimony presented, the Board deemed it advisable to continue said matter to March 12, 2008, at 10:00 a.m., in order to provide a period of 60 days for the applicant to provide evidence of substantial compliance with Development Standards #3, #4, #5, #7, #8, and #23, of Second Amended Use by Special Review Permit #842, and WJdEREAS, at said hearing of March 12, 2008, after hearing all testimony presented, the Board deemed it advisable to continue said matter to June 25, 2 nd-therf agaiW Atl ust 27, 2008, and then again to November 19, 2008, and then ag o February 25, 2009, at 0 a.m., in order to allow the applicant the necessary time to complete th location, ofsurface-tires and placement of any incoming tires into the pits, ensure the fire lanes remain c ear, Yid -reduce the height of the surface piles to comply with the height restriction of five (5) feet, to bring the site into compliance, or face immediate closure enforcement. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the Show Cause Hearing concerning revocation of Second and Third Amended Special Review Permits #842, issued to Tire Recycling, Inc., be, and hereby is, continued to February 25, 2009` at 10:00 a.m., in order to allow the applicant the necessary time to complete the relocation of surface http://www.co.weld.co.us/meetings-minutes/ResolutionsPast/Resolutions2008/Reso%2008... 2/15/2009 -- iDITRICT COURT, DENVER COUNTY, COLORADO C urt Address: Denver City and County Building 1437;Bannock St Rm 256 Denver, CO 80202-0000 Arapahoe Lout y Clerk 6 Racordar, Nancy k Out Receipt Reception a: 88018971 PageReco ded 3I' Racorafny we: $8,00 1111111 I I I I I I I I 111111 I lb/./DO! I I I I! I I I I I I I I? I I I! E Plaintiff: HC .• '• BANKS NA Defend • TIRE RECYCLING INC et al COURT USE ONLY Case Number: 07CV-003426 Div.: 9 TRANSCRIPT OF JUDGMENT Judgment Amount: Judgment Status: Additional Remarks: INTEREST TO ACCRUE AT 24&. Debtor(s): DWAIN IMMEL Creditor(s): HORIZON BANKS NA Judgment Da t6: February 06, 2008 AFTER REPORDINO RE TO: She Howard LLC 6331 th treat, Suite 3000 Denver, CO 80202 _ �J Balance of Judgment to Date: $800,131.74 I hereby certify that the above is a true and complete transcript of the judgment in the above -referenced case which is retained in my #f ce. DATE: February 12, 2008 • Sabra Millett lerk of Court T •UR r ) (h,A 1 SHERMAN & HOWARD LLC -ATTORNEYS & COUNSELORS AT LAW 633 SEVENTEENTH STREET SUITE 3000 DENVER CO 80202-9600 • _ -DISTRICT COURT, DENVER COUNTY, COLORADO Curt Address: ._..Efenver City and County Building 1437 Bannock St Rm 256 Den' 4, CO 80202-0000 III • • r Plaintiff: Defendant: HORIZON B S RECYCLING INC et al Judgment Amount: Judgment Status: Additional Remarks.:--' AryJIAA. I ,A idy fIm-L 4 P .or,fur ILA 0y A LAO,' Reception #_._88055860 Rsi.wpl a_ '4!11711 _ I ordrng t us: 16DL1 I\ryes Rer der6 I Hale Al o, chid: 5/L9/200H / 11:11 I'll 11111111111 IIII1 III I III III III COURT USE ONLY Case Number: 07CV-003426 Div.: 9 -.J TRANSCRIPT OF JUDGMENT Debtor(s) Creditor(s): HORIZON BANKS NA Sh Howard LLC 633 treet, Suite $000 Denver, GO 80202 AFTER RECORDING TO: Balance of Judgment to Date: $55,591.21 J I hereby certify that the above is a true and complete tra nript of the judgment in the above -referenced case which is retained in my office. DATE: May 07, 2008 BY r r • • r/1 Arapaioe County Clerk & Re.ordoE, Nancy A. ()gig Reception *: 85195912 Receipt e: 52136 [3 Recording Fes: *5.00 Pages Recorded: I. Date Re orchid. 12/3U/2UU5 9U5O/ PM 1 1111111I I 111111Illf 11111111111I II I 111111 111111 (-DISTRICT COURT, DENVER COUNTY, COLORADO C99Lrt Address: -Denver City and County Building 1437 -Bannock St Rm 256 Denvet, CO 80202-0000 TRANSCRIPT OF JUDGMENT Judgment Amount: $15,595.31 Judgment Status: UNS T.__FIE4 Additional Remarks: INTEREST OF 13.49% Debtor5s): DWAIN IMMEL Credito? s-)-:-KEIBANK NA KeyBank 4910 Tiedenan Road - 6th floor Brooklyn, OH 44144-2338 1-800-982-1102 COURT USE ONLY Case Number: 05CV-005912 Div.: 7 Attorney for Creditor. Senior& Aseooistec, P.C. 7670 S. Chesta Stied, Suite 210 Englewood, CO 80112-3439 303691-6956 Judgment Date: De,dember 15, 2005 Balance of Judgment to Date: $15,595.31 I hereby certify that the above is a true and complete transcri{t (of the judgment in the above -referenced case which is retained in my ofce. DATE: December 20, 2005 Ream to: Senior & Associates, P.C. 7670 S. Chester Sued, Suite 210 Englewood, CO 80112-3439 Miles Flesche Clerk of Court IST COURT, DENVER COUNTY C- Case Information Page 1 of I Residents Case Nu Case Information er: 09C01940 Claim Principal Amount: $0.00 Initial Interest: Atty Fee: $0.00 Misc Amount: $0.00 Total: $0.00 Party Information Pariv Tvoe PL Seq Name Division: 4 Counter Claim Amount: $0.00 JPMORGAN CHASE BANK, NATIONAL 8C1ATfDft -------- DF 2 IMMEL, DWAIN ET AL 3 IMMEL, TERESA ET AL' Ac Act. Date Description 02/12/2009 WRIT OF RESTITUTION 01/28/2009 RETURN DATE 01/21/2009 COUNTY COURT FILED W/FEE 01/20/2009 SUMMONS ISSUED 01/20/2009 CASE FILING DATE Judgment Information Creditor Jud Principle: Jud Misc Amount: Jud Interest: Jud Atty Fees: Jud Costs: Second Jud Amount: Less Paid: Total: $0.00 $0.00 $0.00 Joint Atty Fees: $0.00 Money Soe Date: $0.00 Poss Soe, Date: $0.00 Interest Rate: $0.00 Interest Date Last Calculated: Division 1 $0.00 Visitors Attorney Name SHEPHERD, CI,tISTEL D. Business Amount Name $0.00 $0.00 $80.00 $0.00 $0.00 Elected Officials Status: ACTIVE/C Disposition Date: Amount: Possession: OB Disposition JUDGMT FOR POSS. ONLY -- DG.MT FOR POSS ONLY FARAGHER, BETH MAGISTRATE $0.00 Jud Date: Money Soe Reason: 02/09/2009 Poss Soe Reason: 8.00% Second Interest Rate: 01/28/2009' ©2008 City and County of Denver Status Contact Us Site Map Security Policies http://www.denvergov.org/apps/newcourt/name_search.aspx 2/15/2009 August 14,2008 Scheduled Sale List Report starting 08/14/08 through 08/14/08 Outside bidder Nathan Schrock $261,000.00 COUNTRYWIDE HOME LOANS, INC. $192,953.33 $0.00 $192,953.33 Lender Amount o 0 0 0 O m N 0 0 0 r 0 N $255,000.00 0 0 0 N 0 I' 0 0 'c; N 0 V N h 69 Cleric Amount [ -$116,949.07 -$70,647.72 V Total Due 0 Co 0 co n, \N p) Co o y 69 $325,647.72, $528,001.64 0 0 0 m r m o N 69 a 'u d c m CO LASALLE BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR OWNIT MORTGAGE LOAN TRUST, MORTGAGE LOAN ASSET BACKED CERTIFICATES, SERIES 2006-6 IRWIN UNION BANK & TRUST CO. U.S. BANK NATIONAL ASSOCIATION COUNTRYWIDE BANK, FSB W Q W0 F- E J O N Q m O F O N 17 -<xi Z J Q Z O p H n LL 1 Q F' Q Q o d o Z¢ W Oce<?pC7U= Qo!-11OOi- W DLLQ m o w l- F. F m Y O F (�wK W oOin QS a o D <1-OUWF m 1-O N Final Sale Date 1 m o O 8 o 0 V .8 o 0 P m co 0 V m o 0 V_ 0 w 0 V 0 Orin. Sale Date o R n co o o i co o r R co o n R. O r_ R O r_ n `c c E C GARRETT BETTERLEY AND ANGELA BETTERLLEY 5578 JEBEL COURT DENVER CO 80249 DWAIN IMMEL AND TERESA IMMEL 7000 WEST PRINCETON AVEMUE DENVER CO 80235 FRANCESCO ALFIERI 532 CLARKSON STREET DENVER CO 80218 GABRIEL MERAZ 1332 SAINT PAUL STREET DENVER CO 80206 JULIE KIM AND YOUNG KIM 2245 BLAKE STREET C DENVER CO 80205 CHERYL BARKER 2770 SOUTH ELMIRA STREE #33 DENVER, CO 80231 o z a) LL m a 0 N co v 0 N N CO r 0 N co co r 0 N 0 r m 0 N 0 r m 0 N OD 0 0 N CO m d Dwain Immel: ZoomInfo Business People Information Page of 2 Welcome, Guest Register I Sign in I Kelp • • Find People Find Companies ex'. Jonathan Stern I Search Advanced Search • View Dwain Immel's Full Profile» Mr. Dwain Immel View Title... TRUESTAR PETROLEUM CORPORATION (Past) 1-10 of 12 online sources for Dwain Immel Dwain's profile was created using: 12 online sources [ view sources ] Profile is not claimed [ claim profile ] Sort By: Headline Ascending Properties - [Cached Version] Published on: 7/612005 Last Visited: 2/18/2087 Our new Board member, Dwain Immel, is of considerable help in this effort. Dwain Immel joined the Board to fill the vacant position less than three weeks ago. Dwein is the first member to join the Board as-partof our re -building process.Dwain is a former banker with extensive oil and gas lending and project finance experience.He has also been an independent operator with gas production, pipelines, and gas -plant processing facilities.Dwain brings a skill set to the Board that has proved very helpful already in the short time since he was elected.) am sure he will continue to be a valuable and active Board member.Dwain, Robert Chamberlain, and I are all active on a day-to-day basis with the Company re -building program. Properties - [Cached Version] Published on: 7/612005 Last visited: 1017/2006 Our new Board member, Dwain Immel, is of considerable help in this effort. Dwain Immel joined the Board to fill the vacant position less than three weeks ago.Dwain is the first member to join the Board as part of our re -building process.Dwain is a former banker with extensive oil and gas lending and project finance experience.He has also been an independent operator with gas production, pipelines, and gas -plant processing facilities.Dwain brings a skill set -lathe Board-thaHmsproved very-helpful.already in the short time since he was elected.) am sure he will-centinfie"to be a valuable and active Board member.Dwain, Robert -Chamberlain, and I are all active on a d1y-to=d'ay basis with the Company re -building program. Trinity Plumes Capital Corp. News Release - [Cached Version] Published on: S/30/2007 Laat Visited: 111712006 TrueStar Petroleum Corporation announces that Mr. Dwain Immel has been suspended and has been removed as the Chief Financial Officer of the Company. Alomas e Published on: 1/24/2007 Last Visited: 111712008 "Dwain M. Immel" Dwain M. Immel Director Trinity Plumes Capital Corp. News Release - [cached Version] Published on: 916/2006 Last Visited: 1117/2006 "Having the accounting here in Denver and networking capability between Denver and Vancouver should give us more efficient and tighter management and control systems capability and assist in controlling our costs and operations," said Dwain Immel, Director and acting Chief Financial Officer. Dwain M. immeltdmimmel@aol.com Wrong Person? Try these instead Dwain Immel ENERGY ACQUISITION CORPORATION Related searches Andrea Immel Cotsen Children's Library Andy Immel DESIGNet Inc Barbara Immel Medical DeviceLink Barbara Immel Immel Resources LLC Bette Immel Ventura Star More... http://www.zoominfo.com/people/Immel_Dwain_854921651.aspx 2/15/2009 Lexico shareholders want company's books - St. Louis Business Journal: Page 1 of 2 Members: Log in I Not Registered? Register for free extra services. Site I News I Companies I Jobs Keywords GOI Search ;valve St. Louis Business Journal Choose Another City': St. Louis HOME NEWS SMALL BUSINESS SALES & MKTG REAL ESTATE EVENTS COMMUNITY CAREERS CITY GUIDE MORE TOPICS Classifieds Email Alerts Book of Lists Subscribe -a Free Issues LATEST NEWS St Louie a News Monday, February 18.2002 Lexico shareholders want company's books St Louis Business Journal Print Email Reprints RSS Feeds Ada to Del Imo us 0109 Thin Comments Other Matching Articles for "dwain immel" investors hold lo plans for tires 107/000041 Levee shareh want company s boo [02/10:2002] Shareholders of Lexico Resources International Corp. have ..._- called aaspecial-meeting.forE@h26 to ask its former executives to over the books. Shareholders have notified former chief executive Charles Kohlhaas and Dwain Immel, who have the company's books and ecords in their possession, requiring them to allow the books to ted..'dudited and copied by shareholders. > More Search In addition, shareholders will reaffirm the July 2000 election of three directors: Paul Boghosian, principal of Barron Construction Services; David Campbell, also principal of Barron Construction; and Malcolm Briggs, a sportscaster on KSDK-TV in St. Louis, as well as elect three directors to a new tens. According to a Feb. is statement, Boghosian is president and chief executive of Lexico, Diane Serra is secretary and Briggs is treasurer. •Lexico Resources International is an Engelwood, Colo. -based company that has no revenue or employees, but holds natural gas leases in Utah that could be worth up to $400 million. In July of z000, a group of Lexico shareholders ousted its board of directors, replacing it with Boghosian, Campbell and Bnggs. ATThe time, Campbell avatsognlslan owned 13 as since been delisted. Briggs' investment is unclear. Campbell had sought an injunction in Colorado to gain custody of the records in Kohlhaas' possession. Boghosian was not immediately available Monday for comment. • Print Email READER COMMENTS lot comments Yahoo) Buzz You must be logged in to add a comment. Please Login or Register. More News Headlines Popular News Stories Latest News • Ameret profit drops • M_c_Kendree U cuts tuition in half a NASDAQ to delist SmutTt-Stppe • Mls_souri, annals lose_ most jobs since 1995 • BofA, Citi Wells suspend foreclosures Business Pulse Survey Cangr¢ d thteconomigstimulus package Contact the Editor Need ASUStance? More Latest News a CITY GUIDE SPOTLIGHT -ST. 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Inc. • CompensationCsmipensation Director -5 Organization • Locums in Missouri http://www.bizjournals.com/stlouis/stories/2002/02/18/daily7.html 2/15/2009 Platteville/Gilcrest Fire Protection District February 19, 2009 Tire Recycling, Inc. Attn: Mr. Dwain Immel 12311 WCR 41 Hudson, CO 80642 Re: Site Inspection Mr. Dwain Immel, On February 19, 2009, I conducted an inspection of the tire cells at your facility. The following is what was found. • The temporary holding cells next to the well heads and next to the office building have been cleaned up. Tires have been either moved into a cell or next to one ready to be pushed in. • New cells are being filled. • Fire lanes are clear for most part. Some lanes have tires that have fallen off of the trucks when moving around the site. Fire lanes around cell that has tires needing to be pushed in are block. I spoke with employees on site and stated that they would have those lanes cleared in the next day. • I still noticed a lot of dried weeds around cells. This is still a concern that something could ignite the weeds and travel to the tire cells. If there are any questions or concerns please call me at 970-785-2232 x 105. Sincerely, /.G 7ze Russell Kissler Fire Prevention Tech. 303 Main Street, P.O. Box 407 • Platteville, CO 80651 • 970-785-2232 • Fax 970-785-0139 215 Main Street, P.O. Box 43 • Gilcrest, CO 80623 • 970-737-2966 • Fax 970-737-9006 Page 1 of Jennifer VanEgdom From: Jacqueline Hatch Sent: Tuesday, February 24, 2009 3:17 PM To: Esther Gesick; Jennifer VanEgdom Subject: FW: Tire Mountain Attachments: 20090219134526010. pdf From: Russ Kissler [mailto:rkissler@pgfpd.org] Sent: Thursday, February 19, 2009 11:50 AM To: Jacqueline Hatch Subject: RE: Tire Mountain Hi Jacqueline, Here is my letter for next Wednesday's meeting. I have also sent this to Mr. Immel. It looks a lot better, so far. Thanks. Russell Kissler Platteville/Gilcrest Fire Dist. Fire Prevention Tech. 303 Main St. POBox 407 Platteville, CO 80651 970-785-2232 From: Jacqueline Hatch [mailto:jhatch@co.weld.co.us] Sent: Tuesday, February 17, 2009 4:26 PM To: Russ Kissler Cc: Troy Swain Subject: Tire Mountain Russ, Good afternoon, I was wondering if you have the time to go check out Tire Mountain for compliance. I have spoken with Troy in our Heal Department and he said that they are looking pretty good and are getting there. We have a hearing before the Board of County Commissioners on Wednesday the 25th and it would be great if I knew the Fire Departments take on the site by then. If you have any questions please do not hesitate to contact me THANKS, Jacqueline 2/24/2009 Page 1 of 1 Esther Gesick • • • From: Jacqueline Hatch Sent: Tuesday, April 21, 2009 1:35 PM To: Esther Gesick Subject: FW: Tire Recycling Inc Attachments: letter.cd and usrs.bocc 4.29.09 hearing.doc This is for the show cause hearing for Tire Recycling Inc for April 29th. Thanks! From: Jacqueline Hatch Sent: Tuesday, April 21, 2009 1:35 PM To: 'DMIMMEL@aol.com' Cc: Troy Swain; Bruce Barker; 'David Banas' Subject: Tire Recycling Inc Dwain, Good afternoon. Attached is a letter outlining the remaining items to be completed prior to the April 29, 2009 Board of County Commissioners hearing. Staff will be out on site on Monday April 27th to review the site for compliance. It will most likely be in the morning. Please keep in mind the hearing on April 29, 2009 is to review compliance with the previously approved Use by Special Reviews and the Certificate of Designation. If you have any questions please do not hesitate to contact me Thanks, Jacqueline Jacqueline Hatch-Drouillard Department of Planning Services 4209 CR 24.5 Longmont CO 80504 Phone 720-652-4210x8728 EXHIBIT cad/3S Am (LSC- SY 4/21/2009 • iStrn WI�Yc • • COLORADO April 20, 2009 Tire Recycling, Inc. Attn: Mr. Dwain Immel 12311 County Road 41 Hudson CO 80623 DEPARTMENT OF PLANNING SERVICES Planning Division SOUTHWEST OFFICE 4209 CR 24.5 LONGMONT, CO 80504 jhatch@co.weld.co.us PHONE: (720) 652-4210, Ext. 8730 FAX: (720) 652-4211 Subject: Tire Recycling Inc - Lots A and B of RE -1367 being part of the S2 S2 SE4 and N2 S2 SE4 of Section 32, T3N, R65W of the 6th P.M., Weld County, CO. Dear Mr. Immel: The Department of Planning Services wanted to let you know that on Wednesday, April 29, 2009, at 10:00 a.m., or as soon thereafter as the agenda of the Board of County Commissioners permits, the Board of County Commissioners of Weld County will hold a Show Cause public hearing. This meeting will take place in the Commissioner's Hearing Room, Weld County Centennial Center, 915 10th Street, Greeley, Colorado. The purposed of this Show Cause Hearing will not only be to review case number 3`d AMUSR-842 and 2nd AMUSR-842, for compliance with the Development Standards and Conditions of Approval it will also be reviewing all the previously approved USR's on site and the Certificate of Designation (CD). On February 25, 2009 the Board of County Commissioners continued the Show Cause case to April 29, 2009 to allow you to bring the site into compliance. By April 29, 2009 the site will need to be in full compliance. Staff conducted a site inspection on March 24, 2009 and at that time the following items still need to be completed and the site must be in compliance with the recorded plat for 2nd AMUSR-842. This includes the location of materials on site. From 2nd AMUSR-842 Development Standards: #3 Storage cells shall be constructed for tire storage as follows a. before construction of each cell, a ten (10) foot deep hole shall be excavated near the center of the proposed trench area and shall be left open for a minimum of three (3) days to determine groundwater depth. A minimum of two (2) feet of separation shall be maintained between the lowest elevation of the cell and the highest elevation of the groundwater. b. Storage cells will be constructed din accordance with the facility's Design and Operation Plan and Fire Safety Evaluation and Fire Control Plan, dated April 28, 2003, and accompanying supplemental material. c. No more than eight (8) cells shall be excavated and exposed or filled at a time. d. A minimum of fifty (50) feet shall be maintained between the top of each cell to allow for an adequate firebreak and access. #4. Fire equipment access roads shall be a minimum of fifty (50) feet wide, capable of providing access in all weather conditions and capable of supporting fire equipment of 50,000 pounds. #5 Tires in the cells shall be stacked a maximum of four (4) feet above the fire lane surface elevation or one (1) foot above the fire lane surface elevation for cells within the 200 -foot setback from oil and gas wells. An additional one (1) foot will be allowed for unevenness of the tire surfaces. Steel posts will be installed to a height of five (5) feet above ground elevation adjacent to the at the North -South center point on both sides of each cell. The top one (1) foot (from four (4) to five (5) feet) will be painted a bright color to allow for easier observation. #7 Tire received at the facility shall be placed into cells upon receipt. Tire stockpiled above ground for processing and/or recycling shall be stockpiled for a time not to exceed thirty (30) days. Above ground tire stockpiles shall not exceed ten (10) feet in height and shall be separated by a minimum width of fifty (50) feet. #8 The facility shall comply with the facility's Fire Safety Evaluation and Fire Control Plan and the requirements of the Platteville e Fire Protection District at all times. #23 The facility shall comply with the laws, standards, rules and regulations of the Air Quality Control Commission, the Water Quality Control Commission, the Hazardous Materials and Solid Waste Division and any other applicable agency. Specifically, the facility has not maintained compliance with the financial assurance requirements as required in the Regulations Pertaining to Solid Waste Disposal Sites and Facilities (6CCR1007-2). Please also keep in mind that 3`d AMUSR-842 has not been completed at this time and the following items need to be addressed prior to operation. From 3`d AMUSR-842 Conditions of Approval and Development Standards: Conditions of Approval 1. Prior to recording the plat: A. The applicant shall address the requirements (concerns) of the Department of Planning Services, landscaping, as stated in the referral response dated December 30, 2005. Evidence of such shall be submitted in writing to the Weld County Department of Planning Services. The applicant shall submit a Landscape/Screening Plan that at a minimum delineates the proposed and existing landscaping on site for review and approval. The applicant shall demonstrate how the proposed and existing landscaping on site will be watered. Evidence of a commercial well for irrigation of the landscaping needs to be supplied to the Department of Planning Services. (Department of Planning Services) B. The applicant shall submit a property maintenance plan in compliance with Section 23-3-360. G of the Weld County Code to the Department of Planning Services for review and approval. (Department of Planning Services) C. The applicant shall provide a Lighting Plan. Should exterior lighting be a part of this facility, all light standards shall be delineated on the plat and be in accordance with Section 23-3-250.8.6 of the Weld County Code. (Department of Planning Services) D. The applicant shall address the requirements (concerns) of the Platteville / Gilcrest Fire Protection District, as stated in the referral response dated January 27, 2006. Including evidence that a copy of MSDS for all hazardous materials has been forwarded to the Platteville/Gilcrest Fire Protection District. Second, a letter providing a professional opinion of the gallons per minute each well is able to provide for fire flow located on the Moser Farms Property for fire protection. Evidence of such shall be submitted in writing to the Weld County Department of Planning Services. (Department of Planning Services) E. The applicant shall address the requirements (concerns) of the Weld County Sheriffs Office, as stated in the referral response dated January 26, 2006. Evidence of such shall be submitted in writing to the Weld County Department of Planning Services. (Department of Planning Services) F. The applicant shall address the requirements (concerns) of the Weld County Building Department as stated in the referral response dated January 19, 2006. Evidence of such shall be submitted in writing to the Weld County Department of Planning Services. (Department of Planning Services) G. The applicant shall complete all proposed improvements including those regarding landscaping, screening, access improvements and parking lot requirements or enter into an Improvements Agreement according to policy regarding collateral for improvements and post adequate collateral for all required materials. The itemized agreement and form of collateral shall be reviewed by County Staff and accepted by the Board of County Commissioners prior to recording the USR plat. (Department of Planning Services) H. The applicant shall attempt to meet with the Weld County Sheriff's Office to discuss a security plan for the site free of charge. (Sheriff's Office) A detailed amended Design & Operations Plan shall be submitted to the Colorado Department of Public Health & Environment and the Weld County Department of Public Health & Environment for review and approval. The facility shall be constructed and operated in accordance with the approved design. Evidence of approval shall be submitted to the Department of Planning Services. (Department of Public Health and Environment) J. Evidence shall be submitted to the Weld County Department of Public Health & Environment and the Colorado Department of Public Health & Environment that demonstrates the recycling facility was constructed in accordance with the approved design. Evidence of approval shall be submitted to the Department of Planning Services. (Department of Public Health and Environment) K. All required Air Emissions Permits must be obtained from the Colorado Department of Public Health and Environment's Air Pollution Control Division. Evidence of such shall be submitted in writing to the Weld County Department of Public Health and Environment. Evidence of approval shall be submitted to the Department of Planning Services. (Department of Public Health and Environment) L. A fugitive particulate emissions control plan (dust control plan) shall be submitted to the Weld County Department of Public Health and Environment for approval. Evidence of approval shall be submitted to the Department of Planning Services. (Department of Public Health and Environment) M. Applicant shall demonstrate through their revised Design and Operations plan that all process wastewater will be collected, disposed of and/or used in accordance with the Colorado Water Quality Control Commission and U.S. Environmental Protection Agency regulations. Evidence of approval shall be submitted to the Department of Planning Services. (Department of Public Health and Environment) N. Due to the increased number of employees, the existing septic system shall be reviewed by a Colorado Registered Professional Engineer. The review shall consist of observation of the system and a technical review describing the systems ability to handle the proposed hydraulic load. The review shall be submitted to the Environmental Health Services Division of the Weld County Department of Public Health and Environment. In the event the system is found to be inadequately sized or constructed the system shall be brought into compliance with current Regulations. Evidence of approval shall be submitted to the Department of Planning Services. (Department of Public Health and Environment) O. The plat shall be amended to delineate the following: 1. The approved fencing/screening plan. (Department of Planning Services) 2. All sheets of the final plat shall be labeled: 3rd AMUSR-842. (Department of Planning Services) 2. County Road 41 is designated on the Road Capital Improvement plan in the County Wide Impact Fee Code Ordinance, Section 20-1-30, as a collector status road, which requires 80 feet of right-of-way at full build out. There is presently 60 feet of right-of-way. This road is maintained by Weld County. (Department of Public Works) 3. Off street parking including access drives and fire lanes shall be surfaced with gravel or the equivalent and shall be graded to prevent drainage problems and shall be capable of handling the weight and turning radiuses of any fire trucks/emergency vehicles. (Department of Public Works) 4. A minimum of thirty (30) parking spaces shall be delineated on the plat and shall include accommodation that meet the requirements of the American with Disabilities Act. Each parking space shall include a curb stop. However one curb stop centered over two paring spaces is acceptable. (Department of Planning Services) 5. A loading area shall be delineated on the plat per Section 23-3-350.D of the Weld County Code. (Department of Planning Services) 6. Signs as approved shall be delineated on the plat. (Department of Planning Services) 8. Areas used for sorting and processing tires shall be delineated on the plat. (Department of Planning Services) 9. The approved Landscape/Screening Plan shall be delineated on the plat. (Department of Planning Services) 10. The approved Lighting Plan shall be delineated on the plat. (Department of Planning Services) 11. The location of the dumpster shall be delineated on the plat. Areas used for trash collection shall be screened from public rights -of -way and all adjacent properties. These areas shall be designed and used in a manner that will prevent wind- or animal -scattered trash as outlined in Section 23-3-250.A.6 of the Weld County Code. (Department of Planning Services) 3. Upon completion of 1. and 2. above the applicant shall submit a Mylar plat along with all other documentation required as Conditions of Approval. The Mylar plat shall be recorded in the office of the Weld County Clerk and Recorder by Department of Planning Services' Staff. The plat shall be prepared in accordance with the requirements of Section 23-2-260.D of the Weld County Code. The Mylar plat and additional requirements shall be submitted within thirty (30) days from the date of the Board of County Commissioners resolution. The applicant shall be responsible for paying the recording fee. (Department of Planning Services) 4. In accordance with Weld County Code Ordinance 2005-7 approved June 1, 2005, should the plat not be recorded within the required thirty (30) days from the date the Board of County Commissioners resolution a $50.00 recording continuance charge shall added for each additional 3 month period. 5. The Department of Planning Services respectively requests the surveyor provide a digital copy of this 3R° Amended Use by Special Review. Acceptable CAD formats are .dwg, .dxf, and .dgn (Micro station); acceptable GIS formats are Arc View shapefiles, Arclnfo Coverages and Arclnfo Export files format type is .e00. The preferred format for Images is .tif (Group 4). (Group 6 is not acceptable). This digital file may be sent to maps(hco.weld.co.us. (Department of Planning Services) 6. The Special Review activity shall not occur nor shall any building or electrical permits be issued on the property until the Special Review plat is ready to be recorded in the office of the Weld County Clerk and Recorder. (Department of Planning Services) Development Standards #19 Storage cells shall be constructed for tire storage as follows a. before construction of each cell, a ten (10) foot deep hole shall be excavated near the center of the proposed trench area and shall be left open for a minimum of three (3) days to determine groundwater depth. A minimum of two (2) feet of separation shall be maintained between the lowest elevation of the cell and the highest elevation of the groundwater. b. Storage cells will be constructed din accordance with the facility's Design and Operation Plan and Fire Safety Evaluation and Fire Control Plan, dated April 28, 2003, and accompanying supplemental material. c. No more than eight (8) cells shall be excavated and exposed or filled at a time. d. A minimum of fifty (50) feet shall be maintained between the top of each cell to allow for an adequate firebreak and access. #20 Tires in the cells shall be stacked a maximum of four (4) feet above the fire lane surface elevation or one (1) foot above the fire lane surface elevation for cells within the 200 -foot setback from oil and gas wells. An additional one (1) foot will be allowed for unevenness of the tire surfaces. Steel posts will be installed to a height of five (5) feet above ground elevation adjacent to the at the North -South center point on both sides of each cell. The top one (1) foot (from four (4) to five (5) feet) will be painted a bright color to allow for easier observation. #22 Tire received at the facility shall be placed into cells upon receipt. Tire stockpiled above ground for processing and/or recycling shall be stockpiled for a time not to exceed thirty (30) days. Above ground tire stockpiles shall not exceed ten (10) feet in height and shall be separated by a minimum width of fifty (50) feet. #23 The facility shall comply with the facility's Fire Safety Evaluation and Fire Control Plan and the requirements of the Platteville e Fire Protection District at all times. #37 The facility shall comply with the laws, standards, rules and regulations of the Air Quality Control Commission, the Water Quality Control Commission, the Hazardous Materials and Solid Waste Division and any other applicable agency. Specifically, the facility has not maintained compliance with the financial assurance requirements as required in the Regulations Pertaining to Solid Waste Disposal Sites and Facilities (6CCR1007-2). If you have any questions regarding this matter, please contact me at the above number. Representatives from Weld County will be conducting a site inspection on Monday April 27, 2009 to see if the site is in compliance. Respectfully, Jacqueline Hatch-Drouillard, Senior Planner • • Page 1 of 1 Esther Gesick • • • From: Jacqueline Hatch Sent: Wednesday, April 29, 2009 7:42 AM To: Esther Gesick Subject: FW: Tire Recycling Inc For the hearing today.. thanks! From: Russ Kissler [mailto:rkissler@pgfpd.org] Sent: Wednesday, April 29, 2009 7:41 AM To: Jacqueline Hatch Subject: RE: Tire Recycling Inc Jacqueline, There are two different distances with the oil and gas areas. Well heads can be 150 ft. away from a cell. Tanks need to be 200 ft. away. I believe this is the way it is stated in the fire control plan. These are the guidelines I use for all developments and/or businesses. I'm not sure if I will be able to make today. Russell Kissler Platteville/Gilcrest Fire Dist. Fire Prevention Tech. 303 Main St. POBox 407 Platteville, CO 80651 970-785-2232 From: Jacqueline Hatch [mailto:jhatch@co.weld.co.us] Sent: Tuesday, April 28, 2009 3:48 PM To: rkissler@pgfpd.org Subject: Tire Recycling Inc Russ, Quick questions — Troy with the Health Department and I were out doing a site inspection for Tire Recycling Inc today and noted that the pits are currently about 150' away from existing oil and gas facilities. In the Fire Safety Evaluation and Fire Control Plan it states that the pits are supposed to be 200' away. Are you okay with them being 150' away? THANKS! Let me know if you have any questions Jacqueline Also if you have time the hearing is tomorrow in Greeley at 10:00 11.24 EXHIBIT cr /3ti! /l a -pya 4/29/2009 Page 1 of 2 Esther Gesick From: DMIMMEL@aol.com Sent: Wednesday, April 29, 2009 7:16 PM To: William Garcia; Sean Conway; Dave Long; Douglas Rademacher; Barbara Kirkmeyer Cc: Thomas Honn; Trevor Jiricek Subject: Compliance issues for Tire Recycling Inc EXHIBIT K show Ca4404, Attention Commissioners: Bill Garcia, Chairman Sean Conway David Long Douglas Rademacher Barbara Kirkmeyer I am writing this email at 6:00 pm on Wednesday April 29, 2009 to inform the Board of Weld County Commissioners that all of the concrete material that was being stored on site to be ultimately used as road base for our beneficial use to improve the site has been removed from the site. Since I was not allowed to speak or present any opinions or suggestions to the Board after my initial comments, you need to know we were prepared to remove this concrete material by the end of the day if it became any issue or point of contention related to the design and operation of the facility. This in fact has now been done to bring the facilty into full compliance pursuant to the second amended USR 842 permit. I asked Troy and Jacylynne yesterday to let me know by 3pm yesterday if storing this cement material on site was going to be a problem and I would have it removed even though our planned use was for road base material. However, I needed to know this by 3:00pm yesterday in order to remove the material before the hearing on Wednesday morning. Since I did not hear anything back from Troy or Jaclynne before the end of business on Tuesday, I assumed this was not going to be issue, especially since the nonimal amount of cement material was ultimately going to be for our beneficial use as road base material on site. I also wanted to clear up another matter that Commissioner Kirkmeyer seems to be confused about. I did not state that we had 100 loads of cement material on site. I stated we had 4-5 loads on site and had a need for up to 100 loads to use as road base for our site roads in the future. Again I would have been glad to clear up this misunderstanding with Commissioner Kirkmeyer had I had the opportunity to speak in front of the Commission. As a result the Commission was misinformed about the actual amount of cement material that was actually stored on site. I have had the opportunity to review the second amended USR 842 again and I have not found any reference to our limitations of storing agregate material that will be for our beneficial use to improve the roads or fire lanes on the facilty. We were not accumulating any concrete material for resale to any third parties, but only for beneficial use to improve our site. Rather than argue about the right or wrong issues of this matter, we have elected to remove this material from the site to eliminate any confusion of whether or not Tire Recycling, Inc. is "in compliance" or "not in compliance with our Second Amended USR 842 permit. Finally, I am formally letting the Commission know and will follow up with a letter that Tire Recycling, Inc. is formally vacating our Third Amended USR 842 permit application, to avoid any further misunderstanding. At such time as we elect to move forward with a tire recycling operation that requires us to amend the Second Amended USR 842 permit we will inform the Planning Staff and submit the appropriate applications for ultimate approval by the Weld County Commissioners as advised by Thomas Honn, Director of the Weld County Department of Planning Services. With the removal of the cement agregate material from the site and formally vacating our request for a Third Amended USR 842 Permit, the site is in full compliance with our Second Amended USR 842 Permit that we will operate under until such time as we elect to pursue some alternative use for the site. I would appreciate a meeting ASAP with the Weld County Commissioners to clear up any suspension issues 5/1/2009 Page 2 of 2 that were discussed at the Wednesday April 29, 2009 meeting, since those issues have now been resolved. Any further suspension of our activities by the Weld County Commissioners is no longer necessary and will only result in the significant loss of revenues for Tire Recycling, Inc. and reduction of low cost tire disposal facilities for over 180 retail tire dealers in Colorado and millions of Colorado consumers that depend on the services we provide to them. We have owned this facility since 2004 and have invested over $7 million dollars to acquire, develop and improve this tire disposal facility, including over $4 million of secured notes which I have personally guaranteed with our lenders. Further suspension of our operating permit after we have brought the facility into full compliance will result in additional losses for our business and investment but also increased environmental liabiity for the citizens of Weld County and Colorado that will be denied access to a low cost tire disposal facility. Studies have shown that individuals and companies will dispose of their tires in empty lots and along road ditches whenever they do not have access to low cost tire disposal facilities. Obviously we do not want to see this happen in Weld County. If you have any questions please feel free to call me to discuss at 303-536-0223. Sincerely, Tire Recycling, Inc. Dwain lmmel, President Big savings on Dell XPS Laptops and Desktops! 5/1/2009 Esther Gesick From: ent: Subject: Attachments: WELDCO'2.DOC (28 KB) William Garcia Friday, May 01, 2009 3:04 PM Bruce Barker; Esther Gesick FW: Vacating Third Amended USR Permit #842 WELDCO-2.DOC Original Message From: DMIMMEL@aol.com [mailto: DMIMMEL@aol.com] Sent: Wednesday, April 29, 2009 7:54 PM To: William Garcia; Dave Long; Sean Conway; Douglas Rademacher; Barbara Kirkmeyer Cc: Thomas Honn Subject: Vacating Third Amended USR Permit #842 Dear Commissioners: Attached is a copy of a letter I am sending to Mr. Garcia related to our formal request to vacate the Third Amended USR Permit #842 application with Weld County. At such time as we determine a need to re -apply for an amendment to our existing Second Amended USR Permit # 842, we will work with the Weld County Planning Department and Staff to submit a new application f you have any questions please call me to discuss. egards, Dwain Big savings on Dell XPS Laptops and Desktops! chttp://console.mxlogic.com/redir/?6VJBBd- UVNcS03mzSPclfTBYmzlmJzOK8TKyCU-ev3QkQXKCEFzD0Z5eWb9EVKDu-rkYB7Q9he9PCIAfj5NWoLG781r87_o- lyL0QuCbSfazShBd5x6W9EVou7IzbbVEVvjKDsuOcCjt-LtdZ5VUQsEK6XCQ5paG- u2JGvOVJxdBNASyCMztZNxBUSOYr3eSSsE4j h02isEE6y0g1-27E6y09z0bd40m-aIFCy037C4Ps_ 3VU3 zg9J4SOOC_ssyyrULSsxndT> • EXHIBIT 1 L 51mo Ca.u.u.. TRI Tire Recycling, Inc. 12311 Weld County Rd 41 Hudson, CO 80642 Phone: 303-536-0223 Fax: 303-536-4156 April29, 2009 • • Bill Garcia, Chair Weld County Commissioners 915 Tenth Street Greeley, CO 80632 RE: USR #842 Permit for Tire Recycling, Inc. Dear Bill: Phone: 970-336-7204 Fax: 970-352-0242 Per my discussion with Thomas Honn and as a follow up with the Weld County Commissioners meeting today, Tire Recycling, Inc. is formally vacating out previous Third Amended USR 842 Permit application with Weld County. In the event we decided to pursue some other activities that will necessitate amending our Second Amended USR Permit #842, we will work with the Weld County Planning Department and Staff to amend this permit to accommodate these future activities. We will continue to operate under the terms and conditions of the Second Amended USR Permit #842 previously approved by the Weld County Commissioners until further notice. Hopefully this clears up any issues related to our compliance with the Third Amended USR Permit application by eliminating it for the time being. Our long term goals and objectives for the Hudson tire landfill site are to ultimately recycle all of the scrap tires that arc currently stored in open pits/cells on the property. However, until such time as we finalize funding and ascertain which type of tire recycling activity we are going to pursue to ultimately recycle these tires, we will continue to operate under the Second Amended USR Permit #842. If you have any questions, please call me to discuss. If you need to reach me, the best way to track me down is on my cell phone at 303-638-7150. Regards, Tire Recycling, Inc. Dwain Immel, President iatt; • !Is • MEMORANDUM TO: Board of County Commissioners FROM: Jacqueline Hatch-Drouillard, Planner SUBJECT: Tire Recycling Inc, Dwain Immel May 10, 2009 Withdraw 3rd AMUSR-842 The Department of Planning Services has received the attached letter dated April 29, 2009 from Dwain Immel President of Tire Recycling Inc. Mr. Immel is requesting that 3`d AMUSR-842 be Withdrawn. Background information: Legal Description: Lots A and B of RE -1367; being part of S2 N2 SE4; the S2 S2 SE4; and the N2 S2 SE4 all being in Section 32, T3N, R65W of the 6th P.M., Weld County, CO. Location: West of and adjacent to County Road 41 and north of and adjacent to County Road 26 section line 3rd AMUSR-842: 3rd AMUSR-842 was approved by the BOCC on September 27, 2006 for an Amended Site Specific Development Plan and a Special Review Permit for a solid waste disposal site and facility (commercial junkyard and salvage yard including tire landfill, storage, shredding and recycling facility), heavy manufacturing - processing facility (cryogenic processing — crumb rubber) and a mobile home for housing in the 1-3 Zone District. Parcel number: 1213 32 000019, 1213 32 000020, 1213 32 000024 and 1213 32 000023 Concrete on site On April 30, 2009 Staff from the Department of Planning Services conducted a site inspection to verify that the concrete previously on site had been removed. On April 30, 2009 there was no concrete on site. Please see attached photos. Financial Insurance On May 10, 2009 the Department of Planning Services received a letter from Charles Johnson with the State of Colorado Department of Public Health and Environment stating that the Financial Insurance has been reviewed and accepted. The Department of Planning Services is requesting that the show cause be dismissed and an abatement of the suspension. Attached are correspondences that have been received during the suspension. I EXHIBIT -9hw O4/tom • _..w�..< DEPT HELTH HA2 MAT Fax:3036399833 May 11 2009 8:38 P.01 • • • STATE OF COLORADO Bill Owens, Governor Dennis E. [Ills, Executive Director Dedicated to protecting and Improving the health and environment of the people of Colorado 4300 Cherry Creek Dr. S. Laboratory Services Division Denver, Colorado 80246.1530 8100 Lowry blvd. Phone (303) 892.2000 Denver, Colorado 802304928 TOD Line (303) 691-7700. (303) 692-3090 Located In Glendale, Colorado ht1p://www.cdphe.state.co.us Certified Mail Number: 7005 1820 0000 3208 7595 Return Receipt Requested April 28, 2009 Mr. Dwain Immel, President Tire Recycling, Inc 12311 WCR 41 Hudson, CO 80642 RE: 2009 Financial Assurance Approval Tire Recycling, Inc SW WLD T1R 1.3 Dear Mr. Immel: Colorado Department of ealth and�ooniment Post'IP Fax Note 7671 Di105 -1 /-0'i Iptlaoolee, .2. ""Yil :,r 4 ,V1a lW er e Ke_ 11 r► -e eoJDoptWp to Cc, e p9t+l - ftinwtn4! PhOna It 643 335a re"e470 301 6116 The Department has reviewed your revised financial assurance cost estimate for closure and post -closure dated February 2ad and 10th, March 30th, April 22"d and 23'd of 2009 for Tire Recycling facility. The amount of the revised closure cost is $135,287.00, and the amount of the revised post -closure cost estimate for 30 years for 76 cells is $51,282.00. The Department hereby approves the total financial assurance cost to be $185,000.00 because only 62 cells are open. In addition, the Department is approving the current financial assurance instrument for the Tire Recycling, Inc. facility. Should any of the costs associated with developing the closure and post -closure cost estimates increase by more than the annual rate of inflation, then the facility must provide a be revised cost estimate and submit that to the Department and Weld County within thirty (30) calendar days of the noted increase. At that time, the financial assurance mechanism and funding shall be adjusted to cover the revised cost estimates, Please feel free to call me at (303) 692-3348 if you have any questions about this letter or financial assurance. Sincerely, Charles G. Jo s G • • aCO DEPT HELTH HAZ MAT Fax:3036399833 Solid Waste and Material'Management Unit Solid and Hazardous Waste program Hazardous Materials and Waste Management Division May 11 2009 8:38 P.02 cc: Troy Swain, Weld County Department of Public Health and Environment Trevor Jiricek, Weld County Department of Public Health and Environment Jacqueline Hatch, Weld County Department of Public Health and Environment David Banal, AGO Mira Neumiller, CDPHE Esther Gesick From: nt: Subject: Jacqueline Hatch Monday, May 11, 2009 4:14 PM Esther Gesick Bruce Barker; Troy Swain; Trevor Jiricek; Thomas Honn FW: TIRE RECYCLING Esther, Our front staff has received these two phone calls today regarding Tire Recycling Inc. Thanks! Jacqueline From: Pam Kamada Sent: Monday, May 11, 2009 4:13 PM To: Jacqueline Hatch Subject: TIRE RECYCLING 05/11/09 12:15 Wanting to know why tire recycling is not taking tires 05/11/09 12:50 Transfer call from Commissioners office Wanting to know why they cannot take tires to recycling plant • • 1 Page 1 of 2 Jacqueline Hatch • • • From: DMIMMEL@aol.com Sent: Sunday, May 10, 2009 11:08 AM To: Jacqueline Hatch Cc: Thomas Honn Subject: Re: Tire Recycling Inc. Jacquline: I thought you got a letter or email from Mira Neumiller, on Thursday the 7th? Why do you all of a sudden need to have a written letter from the State before you can schedule us? Don't you believe the State Department of Public Health & Environment when they phone or tell you they have all of the documents and Financial Assurance in their files? I understand it is the State Department of Public Health & Environment that is responsible for clean up of any tire landfill site. Therefore if they have confirmed to you they have all of the documents needed, we are in Compliance with the line item in our USR Permit 842 from Weld County. I don't know where your information comes from, but I wouldn't' be surprised if it was from our competitors, but we are not disposing of any tires. We are continuing to work on the site weeding, cleaning up the front and back area, improving the fence line, and general maintenance on our equipment. We are trying to keep our employees busy doing work around the yard rather than lay them off and add to the unemployment roles of Weld County. These employees have families and are the sole provider. We were told by Troy after the last meeting that we can store any tires in trailers until we resolved the compliance issues with Weld County and as such we are complying with Weld County, even though we still disagree that we were ever not in compliance as of April 30, 2009. I am sure you know, many tire collections companies operate in Weld County without any permits from the Weld County Commissioners and even store tires on their property and above ground such as Tire Recycle Systems, Snowy River, Trails End and TJT Trucking in Plattesville to name just a few. None of which are required to have a permit from Weld County to collect these scrap tires and store them on their properties indefinitely. Are you now telling us that we need to get some "special permit" from Weld County to provide tire collection services to third parties? As you know, this sight has been in total compliance since 6:00pm on Wednesday, April 29, 2009, when the cement material was removed. I have read current Second Amended USR 842, and still cannot see any place in this permit where we are not permitted to bring material onsite that will be for our beneficial use likes the cement material. Perhaps you can show me where we are in error. Sometimes these Weld County Permits are so vague and ambiguous only the person that writes them seems to know what they mean. Since the 2nd Amended USR Permit 842 for this site was negotiated and implemented before my involvement in 2004 as the owner/operator of the property, I would not know how to interpret any of the conditions except how they are written. Kevin, from Troy's office came to the site Friday to look around and we said he was free to look around. He saw some lot renters moving some of their personal property off the site to some third party storage. The office was open for administrative activities since our business is ongoing. We also try to keep the gates open during the daytime to allow Noble Energy access to the property when they are drilling or working on one of their 4 oil and gas wells on the property. We did however, initially stop Kevin to identify himself, when we noticed a suspicious unidentified car casing the property and taking photos. We have had Lot Renters indicate to us that they suspect someone may have been stealing parts from their lots and we have been trying to monitor any suspicious activities. Obviously, if Kevin had been driving a "Weld County" vehicle we would have known his purpose. Again he was welcome to drive around the site once we knew who he was to check out the alleged complaints. We expected to see you or Troy since Wednesday, once you were informed that the Colorado Department of Public Health & Environment (CDPH&E) had all of the documents related to the Financial Assurance for the site in hand to check out the site. 5/11/2009 Page 2 of 2 We did not spend over $300,000 to bring the site into compliance to allow the Weld County Commissioners to suspend our operating permit. I still feel you and Troy blind sided us when I specifically told you on Tuesday before the hearing that if the cement material was going to be an issue I would have it removed before the end of the day before the hearing. When we did not hear back from you by 5:00 pm on Tuesday we assumed it would not be an issue since it was going to be for a beneficial use to improve our road base for the fire lanes. It was obvious to anyone in attendance at the meeting that the decision to suspend the permit was pre- determined by all parties except Tire Recycling, Inc. the party most impacted by this decision and perhaps Charles Johnson with the Colorado Department of Public Health & Environment. Perhaps the Weld County Commissioners need to personally visit the site to see for themselves the status of the site. Since people that have been out at the site for over 25 years, have made numerous comments to us that the site has "Never" been in better condition than it is today. It would be nice to be regulated and treated like other businesses in Weld County rather than singled out and penalized for minor "perceived compliance" items, especially when we spent several months and several hundred thousand dollars working with Weld County to bring the site into compliance and correct all past compliance issues that in many cases had been allowed for the past 25+ years. We have been very cooperative to date to work with Weld County to make this site a show case site in not only Colorado but in North America, and take exception to regulators that assume rather than check out the facts before making decisions that impact our future recycling business and employees. Weld County's actions to suspend our tire disposal permit does not seem to be consistent with a County wanting to see business development and job creation. We have been working very hard over the past several months to develop a tire recycling operation to not only reduce or eliminate the million of scrap tires on the site but to recycle them into products that have a beneficial use, clean up the environment and create additional jobs for the community. Any suspension of our operating permit only defers or delays these recycling operations from being implemented. We will see you at the Wednesday hearing since apparently our request for an emergency hearing to get this completed sooner is not important enough to warrant an emergency meeting to resolve this matter. Sincerely, Tire Recycling, Inc. Dwain Immel The Average US Credit Score is 692. See Yours in Just 2 Easy Steps! 5/11/2009 Jacqueline Hatch From: ,nt: : Subject: Dwain, Jacqueline Hatch Friday, May 08, 2009 3:38 PM 'DMIMMEL@aol.com' Bruce Barker Tire Recycling Inc. We have been informed by Charles Johnson with the State Health Department that the financial assurance is in place, but we have not received written evidence of this as of yet. Staff plans to bring the case back before the Board of County Commissioners on Wednesday May 13, 2009, at 9:00 a.m., for their consideration of your request that the 90 day suspension be abrogated, because the concrete on site has been removed and the financial assurance is in place. The Board will also consider your request to vacate 3rd AMUSR-842. It has been brought to our attention that the facility has not been closed and that tires are still being accepted on site during this suspension. This information will be provided to the Board of County Commissioners on Wednesday May 13, 2009 at 9:00 a.m. Please be advised that the 90 -day suspension is still in place and, as a result, Tire Recycling, Inc., cannot operate and accept tires at the site until such time as the supension is abrogated by the Board. If you have any questions please do not hesitate to contact me Thanks! Jacqueline • • 1 Page 1 of 1 Jacqueline Hatch From: Trevor Jiricek Sent: Friday, May 08, 2009 9:42 AM To: HEALTH -ENV Cc: Jacqueline Hatch Subject: Tire Mountain All, Last week the BOCC suspended the USR and CD (the operating permits) for Tire Mountain for 90 days. Tire Mountain is a tire landfill (monofill). Basically, suspension of their operating permits means this place should be shut down. We've heard they may be receiving tires despite this direction from the BOCC. If your are near Tire Mountain as you're out on your travels please drive by and see if any tires are being rec'd at the facility. If you observe trucks with tires entering the facility please snap a photo and write down a license plate #. THANKS! Tire Mountain is located at 12311 WCR 41 Trevor Jiricek Director Environmental Health Services Weld County Department of Public Health & Environment 1555 North 17th Avenue Greeley, Colorado 80631 Email: tjiricek@co.weld.co.us Office #: 970-304-6415, Extension 2214 Fax #: 970-304-6411 5/8/2009 Jacqueline Hatch From: int: : Subject: Gabri Vergara Friday, May 08, 2009 10:02 AM Troy Swain Jacqueline Hatch; Trevor Jiricek RE: Tire Mountain Yesterday (05/07/09), I was talking with Rustye Cole from Snowy River Enterprises regarding our contract with them for our tire grant. He mentioned the situation at Tire Mountain and was wondering if the suspension took affect immediately because he said his son made an anonymous call to Tire Mountain on Friday to see if they were still operating. As of last Friday (05/01/09), Tire Mountain was giving out the information that they were indeed still collecting tires. I gave this information to Trevor, and Trevor asked if I too would place an anonymous call to Tire Mountain. I did that this morning (05/08/09) and was told by an employee at Tire Mountain that I could bring my tires out Mon. -Fri. 8am-5pm, but if I wanted them to pick up my tires, it would be a week before they could get to them. Gabrielle Vergara Weld County Department of Public Health & Environment 1555 N. 17th Ave. Greeley, CO 80631 (970) 304-6415, ext. 2226 Original Message From: Trevor Jiricek Sent: Friday, May 08, 2009 9:42 AM To: HEALTH -ENV Cc: Jacqueline Hatch erb7ect: Tire Mountain All, Last week the BOCC suspended the USR and CD (the operating permits) for Tire Mountain for 90 days. Tire Mountain is a tire landfill (monofill). Basically, suspension of their operating permits means this place should be shut down. We've heard they may be receiving tires despite this direction from the BOCC. If your are near Tire Mountain as you're out on your travels please drive by and see if any tires are being rec'd at the facility. If you observe trucks with tires entering the facility please snap a photo and write down a license plate #. THANKS! Tire Mountain is located at 12311 WCR 41 Trevor Jiricek Director Environmental Health Services Weld County Department of Public Health & Environment 1555 North 17th Avenue Greeley, Colorado 80631 Email: tjiricek@co.weld.co.us Office #: 970-304-6415, Extension 2214 Fax #: 970-304-6411 • Page 1 of 1 Jacqueline Hatch From: Lauren Light Sent: Friday, May 08, 2009 2:38 PM To: Jacqueline Hatch Cc: Trevor Jiricek Subject: Tire Mtn On May 1, 2009 I drove by tire mountain, on my way back from septic inspections, and noticed the gate was open and there were several passenger vehicles parked on site. I did not notice a sign indicating the facility was closed. Lauren Light, M.B.S. Environmental Planner, Environmental Health Services Weld County Department of Public Health & Environment 1555 N. 17th Ave. Greeley, CO 80631 970-304-6415 Ext. 2211 (office) 970-304-6411 (fax) 5/8/2009 Jacqueline Hatch From: •nt: : Subject: Kevin Antuna Friday, May 08, 2009 3:50 PM Trevor Jiricek; Troy Swain Sara Evans; Jacqueline Hatch; Kim Ogle RE: Tire Mountain Hi, Wanted to let you know that I went out to Tire Mountain for about an hour and half (10:40-12:10) and did not see anyone bring in any tires in. I did see a tow truck drive in and out (Gates Open) . I spoke with the owners Dwain Immel and Tracy Immel and Jay (controller). He said they are not open and that the tow truck was one of the renters from the lots in back as we were talking the tow truck came out at that time and was pulling a load of junk steel and was haling it next door to "The Yard". Jay also approached me when I was parked across the site (next to tank battery) because they have recently had some thing stolen. They were cordial when talking about their recent closure. I gave them my card. Kevin Antuna Environmental Health Specialist Weld County Department of Public Health and Environment 1555 North 17th Avenue Greeley, CO 80631 phone: 970.304.6415 x 2222 fax: 970.304.6411 Original Message From: Trevor Jiricek Sent: Friday, May 08, 2009 9:42 AM flio: HEALTH -ENV Jacqueline Hatch Subject: Tire Mountain All, Last week the BOCC suspended the USR and CD (the operating permits) for Tire Mountain for 90 days. Tire Mountain is a tire landfill (monofill). Basically, suspension of their operating permits means this place should be shut down. We've heard they may be receiving tires despite this direction from the BOCC. If your are near Tire Mountain as you're out on your travels please drive by and see if any tires are being rec'd at the facility. If you observe trucks with tires entering the facility please snap a photo and write down a license plate #. THANKS! Tire Mountain is located at 12311 WCR 41 Trevor Jiricek Director Environmental Health Services Weld County Department of Public Health & Environment 1555 North 17th Avenue Greeley, Colorado 80631 Email: tjiricek@co.weld.co.us Office #: 970-304-6415, Extension 2214 Fax #: 970-304-6411 • 1 Page 1 of 1 Jacqueline Hatch From: Jacqueline Hatch Sent: Thursday, April 30, 2009 1:47 PM To: 'DMIMMEL@aol.com' Cc: Bruce Barker; Thomas Honn Subject: Board of County Commissioners Dwain, I have spoken to Bruce Barker the County Attorney and it has been determined that once the Financial Insurance is in place staff will bring the case back before the Board of County Commissioners. I am in receipt of your request to vacate 3`d AMUSR-842 and have inspected the site to verify that all the concrete is no longer on the premises. Please let me know as soon as the Financial Insurance is in place so I can schedule the hearing before the Board of County Commissioners. Thank you and let me know if you have any questions Jacqueline 4/30/2009 Page 1 of 1 Jacqueline Hatch From: Bruce Barker Sent: Thursday, April 30, 2009 2:51 PM To: DMIMMEL@aol.com Cc: Jacqueline Hatch Subject: Financial Assurance Mr. Immel: We will not be placing the matter of your request for vacation of 3rdAmUSR-842 on the agenda for consideration by the Board of County Commissioners until such time as we get confirmation that the financial assurance required by the State of Colorado satisfies their requirements for adequacy. You have had plenty of time to make certain that the State is satisfied with the financial assurance, but have delayed in doing so. The action taken by the Board of County Commissioners to suspend your operations is in part due to the fact that your compliance with the requirements of 2rdAmUSR-842 and 3rdAmUSR-842 has been lacking, but also due to the fact that you have consistently delayed in supplying the financial assurance. I suggest that you contact the State to see if there is any way they will hasten the process of providing us with information that they are satisfied as to the financial assurance. Bruce Barker Weld County Attorney 4/30/2009 Page 1 of 1 Jacqueline Hatch • From: DMIMMEL@aol.com Sent: Thursday, April 30, 2009 2:35 PM To: Jacqueline Hatch Cc: charles.johnson@state.co.us; mira.neumiller@state.co.us Subject: Re: Board of County Commissioners Jacqueline: The financial assurance is in place. We purchased the CD with Wells Fargo Bank and signed the Collateral Assignment form we were given by the State and delivered it to Wells Fargo Bank assigning this CD as collateral to the Colorado Department of Public Health. Wells Fargo Bank is now asking to change the wording on the collateral assignment form they and the State negotiated several months ago and is working out some new language with Charles Johnson's office and staff. Why am I again being penalized for items between the State and Wells Fargo Bank that are out of my control. I am willing to physically drive to WFB and pick up the CD and hand deliver the CD to the State if this is what is required today. • Tire Recycling, Inc. has fullfilled its obligations to provide the State with the Financial Assurance for the Closure and Post Closure as required under our permit. The mere fact that WFB now wants to change some wording on the collateral assignment form does not change the fact that we have provided the financial assurance the State requires for the Hudson site. I believe that if you call Charles Johnson's office they will confirm that they are comfortable with the financial assurance that is in place the amended language is merely an administrative detail. Please call me ASAP if you are not placing our suspended permit back on ;the agenda on Monday the 4th, now that all of the "perceived non-compliance issues" have been completed. Regards, Dwain Big savings on Dell XPS Laptops and Desktops! 4/30/2009 Page 1 of 1 Jacqueline Hatch From: Bruce Barker Sent: Thursday, April 30, 2009 8:32 AM To: DMIMMEL@aol.com Cc: Jacqueline Hatch Subject: Communications with the Board of County Commissioners Mr. Immel: It is my understanding that you have sent two e -mails to members of the Board of County Commissioners of Weld County about your plans for Tire Recycling, Inc., and requesting the vacation of the 3rd Amended USR. Be advised that because the compliance case is ongoing before the Board and because you intend to pursue amendments to the 2nd Amended USR, communications with the Board of County Commissioners outside of noticed public hearings are prohibited. Your e -mails have been forwarded to the Clerk to the Board for inclusion in the compliance casefile Please do not contact the Board of County Commissioners directly about any matter regarding Tire Recycling, Inc. If you wish to speak with Weld County representatives, I may be reached at (970) 356-4000, ext. 4390. Planner Jacqueline Hatch may be contacted at 353-6100, ext. 8728. Bruce Barker Weld County Attorney 4/30/2009 Jacqueline Hatch From: •ent: : Subject: Mr. Immel: Bruce Barker Thursday, April 30, 2009 10:33 AM DMIMMEL@aol.com Jacqueline Hatch RE: Communications with the Board of County Commissioners I will ask Jacqueline Hatch to do another inspection. If my understanding is correct that you have provided a letter asking that the 3rd AmUSR be vacated, Ms. Hatch will also follow-up on that request by placing the matter before the Board for consideration. Bruce Barker Weld County Attorney Original Message From: DMIMMEL@aol.com [mailto:DMIMMEL@aol.com] Sent: Thursday, April 30, 2009 10:20 AM To: Bruce Barker Subject: Re: Communications with the Board of County Commissioners Dear Mr. Barker: I was not aware I was not permitted to contact the County Commissioners related to any matters involving Tire Recycling, Inc. I thought by communicating with the Commissioners to let them know that the 4-5 loads of cement material that was stored on our site was II emoved would eliminate the issue of "n Big savings on Dell XPS Laptops and Desktops! <http://console.mxlogic.com/redir/? Ief8IETd79JBBd-UVNcS03mzSPc1fTBYmzlmJzOK8TKyCU- ev3QkQjhOMgeknQQgZ5eWbdT7T6sSEVafElysjDdp8uCbzQNvkegGSgf- NYH5u1EZcnIul7Izaqb2dQQrL3ShBBYQsLFTd7a8ZApErLRXILTohp79CXCQ5paG- u2JGvOVJB4QsLCQkS4krIAKf6TNNI5- AcialaGGHs9mSsGMEq834FAPhlcDVEw6qX50Qgltd40B1K4ONEw4GGGOFilov6xKvxYY1NJ4SyrppjvKehhd-QOd> • Page 1 of 1 Jacqueline Hatch • • • From: Russ Kissler [rkissler@pgfpd.org] Sent: Wednesday, April 29, 2009 7:41 AM To: Jacqueline Hatch Subject: RE: Tire Recycling Inc Jacqueline, There are two different distances with the oil and gas areas. Well heads can be 150 ft. away from a cell. Tanks need to be 200 ft. away. I believe this is the way it is stated in the fire control plan. These are the guidelines I use for all developments and/or businesses. I'm not sure if I will be able to make today. Russell Kissler Platteville/Gilcrest Fire Dist. Fire Prevention Tech. 303 Main St. POBox 407 Platteville, CO 80651 970-785-2232 From: Jacqueline Hatch [mailto:jhatch@co.weld.co.us] Sent: Tuesday, April 28, 2009 3:48 PM To: rkissler@pgfpd.org Subject: Tire Recycling Inc Russ, Quick questions — Troy with the Health Department and I were out doing a site inspection for Tire Recycling Inc today and noted that the pits are currently about 150' away from existing oil and gas facilities. In the Fire Safety Evaluation and Fire Control Plan it states that the pits are supposed to be 200' away. Are you okay with them being 150' away? THANKS! Let me know if you have any questions Jacqueline Also if you have time the hearing is tomorrow in Greeley at 10:00 4/29/2009 Page 1 of 2 Jacqueline Hatch • From: DMIMMEL@aol.com Sent: Wednesday, April 29, 2009 7:16 PM To: William Garcia; Sean Conway; Dave Long; Douglas Rademacher; Barbara Kirkmeyer Cc: Thomas Honn; Trevor Jiricek Subject: Compliance issues for Tire Recycling Inc Attention Commissioners: Bill Garcia, Chairman Sean Conway David Long Douglas Rademacher Barbara Kirkmeyer I am writing this email at 6:00 pm on Wednesday April 29, 2009 to inform the Board of Weld County Commissioners that all of the concrete material that was being stored on site to be ultimately used as road base for our beneficial use to improve the site has been removed from the site. • • Since I was not allowed to speak or present any opinions or suggestions to the Board after my initial comments, you need to know we were prepared to remove this concrete material by the end of the day if it became any issue or point of contention related to the design and operation of the facility. This in fact has now been done to bring the facilty into full compliance pursuant to the second amended USR 842 permit. I asked Troy and Jacylynne yesterday to let me know by 3pm yesterday if storing this cement material on site was going to be a problem and I would have it removed even though our planned use was for road base material. However, I needed to know this by 3:00pm yesterday in order to remove the material before the hearing on Wednesday morning. Since I did not hear anything back from Troy or Jaclynne before the end of business on Tuesday, I assumed this was not going to be issue, especially since the nonimal amount of cement material was ultimately going to be for our beneficial use as road base material on site. I also wanted to clear up another matter that Commissioner Kirkmeyer seems to be confused about. I did not state that we had 100 loads of cement material on site. I stated we had 4-5 loads on site and had a need for up to 100 loads to use as road base for our site roads in the future. Again I would have been glad to clear up this misunderstanding with Commissioner Kirkmeyer had I had the opportunity to speak in front of the Commission. As a result the Commission was misinformed about the actual amount of cement material that was actually stored on site. I have had the opportunity to review the second amended USR 842 again and I have not found any reference to our limitations of storing agregate material that will be for our beneficial use to improve the roads or fire lanes on the facilty. We were not accumulating any concrete material for resale to any third parties, but only for beneficial use to improve our site. Rather than argue about the right or wrong issues of this matter, we have elected to remove this material from the site to eliminate any confusion of whether or not Tire Recycling, Inc. is "in compliance" or "not in compliance with our Second Amended USR 842 permit. Finally, I am formally letting the Commission know and will follow up with a letter that Tire Recycling, Inc. is formally vacating our Third Amended USR 842 permit application, to avoid any further misunderstanding. At such time as we elect to move forward with a tire recycling operation that requires us to amend the Second Amended USR 842 permit we will inform the Planning Staff and submit the appropriate applications for ultimate approval by the Weld County Commissioners as advised by Thomas Honn, Director of the Weld County Department of Planning Services. With the removal of the cement agregate material from the site and formally vacating our request for a Third Amended USR 842 Permit, the site is in full compliance with our Second Amended USR 842 Permit that we will operate under until such time as we elect to pursue some alternative use for the site. I would appreciate a meeting ASAP with the Weld County Commissioners to clear up any suspension issues 5/4/2009 Page 2 of 2 that were discussed at the Wednesday April 29, 2009 meeting, since those issues have now been resolved. Any further suspension of our activities by the Weld County Commissioners is no longer necessary and will only result in the significant loss of revenues for Tire Recycling, Inc. and reduction of low cost tire disposal facilities for over 180 retail tire dealers in Colorado and millions of Colorado consumers that depend on the services we provide to them. We have owned this facility since 2004 and have invested over $7 million dollars to acquire, develop and improve this tire disposal facility, including over $4 million of secured notes which I have personally guaranteed with our lenders. Further suspension of our operating permit after we have brought the facility into full compliance will result in additional losses for our business and investment but also increased environmental liabiity for the citizens of Weld County and Colorado that will be denied access to a low cost tire disposal facility. Studies have shown that individuals and companies will dispose of their tires in empty lots and along road ditches whenever they do not have access to low cost tire disposal facilities. Obviously we do not want to see this happen in Weld County. If you have any questions please feel free to call me to discuss at 303-536-0223. Sincerely, Tire Recycling, Inc. Dwain Immel, President Big savings on Dell XPS Laptops and Desktops! 5/4/2009 Esther Gesick Oreom: nt: o: Cc: Subject: Jacqueline Hatch Wednesday, May 27, 2009 10:33 AM Esther Gesick Thomas Honn RE: Question regarding Tire Recycling Oops. Ignore my last email. I believe Tom did respond to this one stating that we did not have any concerns with them planting flowers. T Thanks! Original Message From: Esther Gesick Sent: Wednesday, May 27, 2009 10:25 AM To: Jacqueline Hatch Subject: RE: Question regarding Tire Recycling Did you reply? It would probably be good to include that... Esther E. Gesick Deputy Clerk to the Board Weld County, Colorado 915 10th Street Greeley, CO 80631 70)356-4000 X4226 970)352-0242 (fax) Original Message From: Jacqueline Hatch Sent: Wednesday, May 27, 2009 10:07 AM To: Esther Gesick Subject: FW: Question regarding Tire Recycling For the file Tire Recycling Inc. THANKS! Original Message From: Thomas Honn Sent: Wednesday, May 27, 2009 9:45 AM To: Jacqueline Hatch Subject: FW: Question regarding Tire Recycling Original Message From: taimmel@aol.com [mailto:taimmel@aol.com] Sent: Wednesday, May 20, 2009 1:26 PM To: Thomas Honn Subject: Question regarding Tire Recycling Tom, EXHIBIT A/ ace -ell 1 I just had one question I would like to run by you regarding Tire Recycling. Dwain and I will be gone for a week, starting tomorrow. Our daughter, Cara, is graduating from her college. We are going out for the graduation and moving her into an apartment. We will be ck next Friday, May 29th. I was wondering if I need your permission to be able to come out with some help to plant some flowers in our flower garden in front of the building while we were still under "suspension"? I am planning to plant some perennials and annuals -hopefully nothing that the bunnies will eat. Unfortunately, due to my arthritis, I will need some help. Will this be a problem? I am of the belief we we are going to talk the talk, we need to walk the walk and part of that is cleaning up and beautifying the front flower bed for the summer/fall season. I would just like to plant some flowers for the summer in the dirt (enclosed flower bed) in front of the building. Could you please call me and let me know if I can do this after I come back from North Carolina? Thank you for your help. Teresa Immel Tire Recycling, Inc; 303-536-0223 Dell Inspiron 15 Laptop: Now in 6 vibrant colors! Shop Dell's full line of laptops. <http://console.mxlogic.com/redir/?5xMQsIfFLLCSmkTXzD4Po0dgfrcNk unNgdlgSfaUzuWarzUVYfhiiipd7 •Vjss3QkXEIfKfefVJjOkvgB4UDegOgZcn7Fy- xlIwvZzVmaY3hWoLoYGfp6kQnXzChMUsfp6mhRSm6m6hX80WrLRXFKcTopvd79KVKuOllYY5rk BPrOUQsK6Qk54TC1 PXzNJBASOXvQDaI3h170eNg60yg80jafCy05 oJo-k29KvxYYmfSk3g9J4S00C ssyyrJEEgIgmC> • 2 Esther Gesick om: nt: o: Cc: Subject: Tom, Esther Gesick Wednesday, May 27, 2009 11:09 AM Thomas Honn Jacqueline Hatch FW: Tire Recycling Inc Due to the recent sentiments of the Board concerning this case, would you please provide a copy of any written follow-up to Mr. Immel's question so it can be included in the file. Thanks! Esther E. Gesick Deputy Clerk to the Board Weld County, Colorado 915 10th Street Greeley, CO 80631 (970)356-4000 X4226 (970)352-0242 (fax) Original Message From: Jacqueline Hatch Sent: Wednesday, May 27, 2009 10:32 AM Esther Gesick c: Thomas Honn Subject: RE: Tire Recycling Inc I believe Tom is going to respond, call or meet with him. Original Message From: Esther Gesick Sent: Wednesday, May 27, 2009 10:29 AM To: Jacqueline Hatch Subject: RE: Tire Recycling Inc Any response? Esther E. Gesick Deputy Clerk to the Board Weld County, Colorado 915 10th Street Greeley, CO 80631 (970)356-4000 X4226 (970)352-0242 (fax) Original Message From: Jacqueline Hatch lint: Wednesday, May 27, 2009 10:07 AM o: Esther Gesick Subject: FW: Tire Recycling Inc EXHIBIT 1 O use -e92 Also for the file Tire Recycling Inc THANKS AGAIN! -Original Message Whom: Thomas Honn Sent: Wednesday, May 27, 2009 9:47 AM To: Jacqueline Hatch Subject: FW: Tire Recycling Inc Original Message From: DMIMMEL@aol.com [mailto:DMIMMEL@aol.com] Sent: Tuesday, May 26, 2009 4:22 PM To: Thomas Honn Subject: Tire Recycling Inc Tom: I am out of town however wanted to pass an idea by you for your input to see if we can resolve the suspension of our tire disposal permit at the Hudson site. I was talking to a friend of mine that is in the RE development business and he suggested that I re -plat the 120 acre Hudson site into separate parcels that are zoned 1. First for the tire landfill, auto salvage business as currently outlined in the 2nd Amended USR Permit keep approximately 115 acres and 2. A 5+ acre parcel that specifically is zoned for the tire recycling activities we propose ilorunder take later this year. By re -platting 5+ acres of the north 40 acre parcel as the tire recycling area and leaving the other approximately 115 acres as the tire landfill area, it seems like we should be able to: first of all get the suspension released on the 115 acre tire landfill property since it is in full compliance with the County and State requirements for a tire landfill property and the existing 2nd Amended USR and then secondly focus our attention on getting the 5+ acres that would be resurveyed and replatted for the tire recycling activities that would include the area where the existing buildings are located and some surrounding property. I understand that if a property owner wants to subdivide their property in Colorado and Weld County, they are allowed to do so provided the parcels that are subdivided are at least 5 acres in size and that no single parcel can be subdivided into more than 9 separate parcels. Is this correct? If so, can Tire Recycling, Inc. carve out the 5+ acres for the tire recycling activities from the 120 acre tire landfill site and keep the remaining approximately 114-115 acres "as is" for the tire landfill business? • TRI would agree to go forward with all of the various items that we would need to complete to get essentially a 3rd Amended USR on the 5+ acre tire recycling site and just leave the 2 remaining 115 acres "as is" as a tire landfill facility. Therefore in the future if we needed to sell a parcel to a tire recycling operation that did not want to take on the liability of the tire landfill business, we would have the flexibility to do so without ilimpacting our tire landfill business. I want to hopefully get your concurrance on this matter to try to speed up the process of getting the suspension lifted on the tire landfill facility, since it appears that the proposed 3rd Amended USR was only needed to accomodate the proposed tire recycling activities. Because if the rest of the property was going to be used as the tire landfill facility, we would not need to have any 3rd Amendment on that property. The suspension is really starting to impact our business as well as our negotiations with third parties like Magnum. They are requesting that we get the 3rd Amended USR on at least the 5+ acres around the existing buildings before they want to move forward with the proposed transaction and make a significant financial investment in more equipment to start a rubber mulch and crumb rubber recycling operation. The loss of this transaction would result in the loss of several million dollars of future net revenues for Tire Recycling, Inc. and obviously we want to avert this if at all possible. It seems like the carving out of the 5+ acres around the buildings would satisfy both the Weld County concerns of getting a 3rd Amended USR on this parcel to allow for the tire recycling operations and still allow Tire Recycling, Inc. to keep its 2nd Amended USR permit on the remaining 115 acres for the tire landfill/disposal activities. Since the balance of the property will not be needed for the tire recycling operations we don't see any reason to change the existing 2nd Amended USR Permit on this 115 acre parcel. With this 115 acres in compliance and the financial assurance in place for this parcel the County Commissioners should be able to lift or recind the suspension on this parcel ASAP and allow us to operate while we get the various items completed to get the 3rd Amended USR finalized on the •emaining 5 acre parcel. I will try to call you tomorrow to discuss this idea on the phone and see if we can get this issue resolved so we can continue on with our business while we are getting the 3rd amended USR completed on the 5 acre parcel. If you have any questions please call me to discuss at 303-638-7150 on my cell phone. I will be out of town for a couple of days but reachable via my cell phone. Sincerely, Tire Recycling, Inc. Dwain Immel, President P.S. Attached is a letter we ran across in our files from March 2006, which indicates that we should not even need to amend the existing USR permit for the property just to shed tires or produce crumb rubber, since in the eyes of the Colorado Dept. of Public Health- Waste Management Division, they believe these tire recycling activities are already allowed under the existing regulations and do not require any special use permit from the County. I know this was before your time, but I think this is one of the reasons we elected not to pursue the 3rd Amended USR in 2006. However, the primary reason was we decided to suspend any crumb rubber recycling operations by the end of 2006 when the equipment we bought did not perform as designed and we simply ran out of funds to acqurie some additional equipment to be able to produce the crumb rubber product at that time. Can you explain to me why Weld County Planning Dept. still wants to pursue having TRI amend its existing 2nd Amended USR 842 for the Hudson site after reading this letter from Doug akenberry? I thought the State ultimately controlled the clean up and any liability ssociated with issuing a certificate of designation on any property in the STATE. Is this not correct? If so what do we need to do to get this issue cleared up ASAP? 3 A Good Credit Score is 700 or Above. See yours in just 2 easy steps! Amihttp://console.mxlogic.com/redir/?2MUgem7QTTPrbarZNPypI06J7JCoGvLbUJ6GJr7BshLt5dNYs- FFFIzxRSm0ZSeWb3X3arCrkYB7Q9he01eN_XhZ2kU-Jmc-nNpn4ftRI- v0Yf9kIsUUZssCfjs9GH4gQeesj7FK4b873uBGjZgz]qP-8c33ypK_nKCUMMMztUTsSwH91nPM1]j- ndELLTvvd79J5dxBAs000gejgbNI4OzVEwlvSbmfB0yq80SSzs_3VU3zg9J4S00C_ssyyrf5U-> • • STATE OF COLORADO • • Bill Owens, Governor Dennis E. Ellis, Executive Director Dedicated to protecting and improving the health and environment of the people of Colorado 4300 Cherry Creek Dr. S. Denver, Colorado 80246-1530 Phone (303) 692-2000 TDD Line (303) 691-7700 Located in Glendale, Colorado http://www,cdphe.state. co. us March 3, 2006 Laboratory Services Division 8100 Lowry Blvd. Denver, Colorado 80230-6928 (303) 692-3090 Ms. Jacqueline Hatch Weld County Department of Planning Services 1555 N. 17th Avenue Greeley, Colorado 80631 Colorado Department of Public Health and Environment RE: Tire Recycling, Inc. Application for a 3' Amended Site Specific Development Plan and Special Review Permit (USR-842) and associated Certificate of Designation Amendment, Weld County Referrals dated December 19, 2005 and December 30, 2005 Dear Ms. Hatch, During the Hazardous Materials and Waste Management Division's (Division's) technical review of the above referenced documents, which serve as Tire Recycling Inc.'s application to amend their certificate of designation (CD), we determined that an amendment to the CD is not required for the proposed operations to shred tires and process them into crumb rubber. According to the Solid Wastes Disposal Sites and Facilities Act (Act), C.R.S. 30-20-102(5), "Any site and facility operated for the purpose of processing, reclaiming, or recycling recyclable materials shall not be considered a solid wastes disposal site and facility and shall not require a certificate of designation as a solid wastes disposal site and facility; except that, after an initial accumulation period specified by regulation, such a site or facility shall maintain documentation that proves recyclable materials are being recycled at the site at a rate that approximately equals the rate at which recyclable materials are being collected." "Recycling operation," as defined in section 1.2 of the Regulations Pertaining to Solid Waste Sites and Facilities (Regulations), "means a separate facility, or a part of a solid waste disposal facility at which recyclable materials may be separated from other materials for further processing or marketing." Waste tires fall under the definition of "Recyclable materials" as defined in the Regulations. Consequently the • • • Ms. Jacqueline Hatch March 3, 2006 Page 2 proposed tire shredding and crumb rubber processing activities are considered as a recycling operation, which falls under the purview of Section 8 "Recycling" of the Regulations. In addition, "Scrap tire recycling" as defined in section 1.2 of the Regulations "means the sale of scrap tires in the used -tire market, the sale of tire casings or carcasses for retreading purposes, or the extraction of useful materials or energy from the tires through thermal, chemical, or physical processing." Therefore, we understand based on the available information, Mr. Immel is proposing to: 1) Conduct a scrap tire recycling project by shredding the tires and by cryogenically extracting the rubber from the used tires to create crumb rubber; 2) Conduct a recycling operation; and 3) Conduct a scrap tire recycling operation that does not require a CD. Given the above, the Division requests that Weld County withdraw the referenced CD application documents that were referred to the Colorado Department of Public Health and Environment for our recommendation as to approval or disapproval. We look forward to receiving your written response as soon as possible. Please contact me at 303-692-3389 if you have any questions. Sincerely, Douglas M. Ikenberry Solid Waste Unit Solid and Hazardous Waste Program Cc: Dwain Immel, Tire Recycling, Inc. Troy Swain, WCDPHE FILE: SW WLD TIR 2.2 Esther Gesick om: toe nt: : Subject: Jacqueline Hatch Wednesday, May 27, 2009 11:42 AM Esther Gesick FW: Tire deliveries to Tire Recycling Inc. by Cripple Creek & Victor Mining Company. For the Tire Recycling file. Original Message From: Troy Swain Sent: Wednesday, May 27, 2009 11:29 AM To: charles.johnson@state.co.us; Jacqueline Hatch; Trevor Jiricek Subject: Tire deliveries to Tire Recycling Inc. by Cripple Creek & Victor Mining Company. I received a call and talked to Mr. Gary Horton from Cripple Creek & Victor Mine. Mr. Horton said he had two trucks on the road headed to Tire Recycling and called to ask about Tire Recycling status. I told him Tire Mountain's CD was suspended and they could not accept the tires and that it is illegal to dispose of tires unless the disposal site had a CD. Disposal included storage of the tires. He also said they delivered two loads of tires a few weeks ago and their drivers were directed to a farm SE of Hudson, Colorado where the tires were put in box trailers. Mr. Horton said they were in contract negotiations with Tire Recycling for disposal of tires. I asked Mr. Horton to provide the location of the farm where the tires were disposed of. He said he would after talking to the drivers. I haven't heard anything back yet. oy E. Swain II oy Health Specialist ld County Dept. of Public Health & Environment 1555 N. 17th Avenue Greeley, CO 80631 (970) 304-6415, ext. 2219 (970) 304-6411 (fax) i Esther Gesick om: ent: Subject: Jacqueline Hatch Wednesday, May 27, 2009 11:43 AM Esther Gesick FW: Tire Recyclers Again for the Tire Recycling file THANKS! Original Message From: Troy Swain Sent: Wednesday, May 27, 2009 11:38 AM To: Trevor Jiricek; Jacqueline Hatch; charles.johnson@state.co.us Subject: FW: Tire Recyclers Original Message From: Horton, Gary[mailto:GHorton@AngloGoldAshantiNA.com] Sent: Wednesday, May 27, 2009 11:32 AM To: Troy Swain Cc: Chancellor, Wayne; Goodrich, Gary Subject: Tire Recyclers Troy, ve been trying to contact Dwayne Immel, to find out exactly where the tires are so that we an retrieve them. No response as of yet. When I can find out anything I will let you know. Gary Horton Environmental Coordinator AngloGold Ashanti (Colorado) Corp. Tel: (719) 689-4014 Fax: (719) 689-3254 E-mail: ghorton@AngloGoldAshantiNA.com Confidentiality Warning This e-mail message contains confidential information which is intended for the use of the person to whom it is addressed. If you received it in error, please notify the sender and delete the material from any computer. Any disclosure, re -transmission, dissemination or any other use of this information is strictly prohibited. t I EXHIBIT cztal out I use -1 Sksw- 1 Esther Gesick teom: nt: Subject: Jacqueline Hatch Thursday, May 28, 2009 7:48 AM Esther Gesick FW: Haven't been contacted yet regarding disposal of tires from Cripple Creek & Victor Mine at a farm involving Tire Recycling, Inc. For the file Tire Recycling Original Message From: CHARLES JOHNSON [mailto:cgjohnso@smtpgate.dphe.state.co.us] Sent: Wednesday, May 27, 2009 4:39 PM To: Jacqueline Hatch; Troy Swain Cc: Trevor Jiricek Subject: RE: Haven't been contacted yet regarding disposal of tires from Cripple Creek & Victor Mine at a farm involving Tire Recycling, Inc. Dwain indicated that the trucks are being stored at a property in Adams County. The location is approximately 2 miles south of Weld County road 61 and 5 miles east of Hudson on Hwy 52. Not too exact. This might be 2 miles south of the Hey 52. Thanks, Charles Charles G. Johnson, Unit Leader Solid Waste and Material Management Unit Solid and Hazardous Waste Program Hazardous Materials and Waste Management Division 11 lorado Department of Public Health and Environment one: 303-692-3348 x: 303-759-5355 charles.johnson@state.co.us >>> Jacqueline Hatch <jhatch@co.weld.co.us> 05/27/2009 4:22 PM >>> Thanks I do know that Dwain is out of town right now and is only reachable by email and his cell phone (cell number 303-638-7150). Hope that helps. Thanks again Original Message From: CHARLES JOHNSON [mailto:cgjohnso@smtpgate.dphe.state.co.us] Sent: Wednesday, May 27, 2009 4:19 PM To: Troy Swain Cc: Jacqueline Hatch; Trevor Jiricek Subject: Re: Haven't been contacted yet regarding disposal of tires from Cripple Creek & Victor Mine at a farm involving Tire Recycling, Inc. Troy: I'll start making calls Thursday morning. Thanks, Charles Charles G. Johnson, Unit Leader lid Waste and Material Management Unit It lid and Hazardous Waste Program zardous Materials and Waste Management Division Colorado Department of Public Health and Environment Phone: 303-692-3348 EXHIBIT1344 CR Use-a'4a Fax: 303-759-5355 charles.lohnson@state.co.us » Troy Swain <tswain@co.weld.co.us> 05/27/2009 4:07 PM >>> harles, Trevor and I discussed this and find it hard to believe that this guy cannot find out where the tires went. Can you contact him and try to compel him to give us the information. In addition to Tire Recycling, Inc. setting up tire disposal at some farm, it sounds like an illegal disposal of tires by this company. Also, there may be an issue with who hauled them. Troy E. Swain Environmental Health Specialist Weld County Dept. of Public Health & Environment 1555 N. 17th Avenue Greeley, CO 80631 (970) 304-6415, ext. 2219 (970) 304-6411 (fax) Original Message From: Horton, Gary[mailto:GHorton@AngloGoldAshantiNA.com] Sent: Wednesday, May 27, 2009 11:32 AM To: Troy Swain Cc: Chancellor, Wayne; Goodrich, Gary Subject: Tire Recyclers Troy, been trying to contact Dwayne Immel, to find out exactly where the tires are so that we *ve nretrieve them. No response as of yet. When I can find out anything I will let you know. ry Horton Environmental Coordinator AngloGold Ashanti (Colorado) Corp. Tel: (719) 689-4014 Fax: (719) 689-3254 E-mail: ghorton@AngloGoldAshantiNA.com Confidentiality Warning This e-mail message contains confidential information which is intended for the use of the person to whom it is addressed. If you received it in error, please notify the sender and delete the material from any computer. Any disclosure, re -transmission, dissemination or any other use of this information is strictly prohibited. 2 Esther Gesick om: ent: Cc: Subject: Jacqueline Hatch Thursday, May 28, 2009 7:49 AM Troy Swain Thomas Honn; Trevor Jiricek; charles.johnson@state.co.us; Troy Swain; Esther Gesick; Bruce Barker RE: Tire Recycling, Inc. storing waste tires in trailers at Gardner Turfgrass Sod Farm, located at 2881 Weld County Road 61. I'm heading out there right now to take some photos.. I will send them to everyone in a couple of hours. THANKS!! Original Message From: Troy Swain Sent: Wednesday, May 27, 2009 5:13 PM To: Jacqueline Hatch Cc: Thomas Honn; Trevor Jiricek; charles.johnson@state.co.us Subject: Tire Recycling, Inc. storing waste tires in trailers at Gardner Turfgrass Sod Farm, located at 2881 Weld County Road 61. The Cripple Creek & Victor Mine tires and other tires that were destined for Tire Recycling, Inc. are being stored in trailers at Gardner Turfgrass Sod Farm, located at 2881 Weld County Road 61, Weld County, Colorado (296 acre property). Property owner follows: rancis J Gardner Trust /0 Gardner Turfgrass, Inc. 0 Interlocken Blvd., Ste. 370 roomfield, Colorado 80021 Legal agent for service for Gardner Turfgrass Inc. is Stan Gardner at the same address as above. Troy E. Swain Environmental Health Specialist weld County Dept. of Public Health & Environment 1555 N. 17th Avenue Greeley, CO 80631 (970) 304-6415, ext. 2219 (970) 673-2218 (970) 304-6411 (fax) i EXHIBIT S2-g4a .y'Gz) COUAI � 1 Esther Gesick So rom: ent: Cc: Subject: Jacqueline Hatch Thursday, May 28, 2009 7:49 AM Esther Gesick Bruce Barker FW: TRI For the file Tire Recycling Original Message From: CHARLES JOHNSON[mailto:cgjohnso@smtpgate.dphe.state.co.us] Sent: Thursday, May 28, 2009 6:26 AM To: DMIMMEL@aol.com Cc: Jacqueline Hatch; Trevor Jiricek; Troy Swain Subject: Re: TRI Dwain: I still think that there is some misunderstanding regarding the state of Colorado's Solid Waste Regulatory requirements and Weld County's authorities. What we stated was, pursuant to Colorado Regulations Pertaining to Solid Waste Sites and Facilities (Solid Waste Regulations), that recycling operations were not required to obtain a Certificate of Designation. However the land use for the property was regulated pursuant to Weld County's authorities. lorado is a dual jurisdiction state with regards to solid waste operations. Solid waste ites and facilities must be reviewed and comply with not only the state regulatory _quirements, but also the local governing body's requirements, in this case Weld County's. n fact the certificate of designation is issued and owned by the local governing body. Even if an operation does not require a certificate of designation, it must still comply with all of the County's requirements. I hope this helps clarify the facilities operational obligations. Please call me if you have any further questions. Charles G. Johnson, Unit Leader Solid Waste and Material Management Unit Solid and Hazardous Waste Program Hazardous Materials and Waste Management Division Colorado Department of Public Health and Environment Phone: 303-692-3348 Fax: 303-759-5355 charles.johnson@state.co.us >>> <DMIMMEL@aol.com> 05/27/2009 9:31 PM >>> Dear Charles: I wanted to make sure there was no misunderstanding on our activities. First of all as you are aware the Weld County Commissioners have suspended the tire disposal operations at our Hudson facility until we complete the $rd Amended USR requirements, even though the only reason to have the 3rd mended USR was for the tire recycling operations. As was pointed out by your staff, our proposed tire recycling operations do not by themselves require any USR from the County, since recycling as EXHIBIT -r u c -rya 51401,3 eOu44, 1 defined and intended under the current regulations include tire shredding and production/conversion of crumb rubber. Nevertheless, we have elected to go forward with and try to comply with the requirements of the Weld County fanning Dept to be able to recycle tires at the Hudson site. you aware, a couple of weeks ago we were prepared to vacate the pending 3rd Amended USR to eliminate any reason for the County to continue any suspension of our existing 2nd Amended USR permit to dispose of tires at the Hudson site, as the Hudson site is totally in compliance with the terms and conditions of the 2nd Amended USR and the Certificate of Designation issued for the 120 acre Hudson site. However, after discussions with the Weld County Planning Dept. staff and Magnum we elected to rescind this vacation of the 3rd Amended USR permit application to try to ultimately get this 3rd Amended USR approved so Magnum and/or any other third party including TRI could go forward with any tire recycling activities in the future without being delayed or held up until the Hudson site USR permit was amended to allow such tire recycling activities in the future. This may or may not be the right decision, but nevertheless it is the path we elected to take. It is important to note that Tire Recycling, Inc. conducts two different and distinct business activities: 1. TRI operates a tire collection business with over 175 retail tire dealers and customers primarily along the front range of Colorado, wherein we collect scrap tires from these customers for a fee and use our trucks and trailers to transport them to the Hudson site or other locations for proper disposal, and Si TRI also owns and operates the Hudson 120 acre tire landfill facility at has been used for the past 25+ years as a State approved monofill tire isposal facility subject to certain terms and conditions of a 2nd Amended USR 842 permit. With all of the pits/cells constructed and the tires placed in these cells and our Financial Assurance Bond in place, the Hudson site is in full compliance with all of the terms and conditions of the 2nd Amended USR permit that was issued in 2003 for the site. Obviously, historically the tire collection business has been closely tied to the tire disposal business, although the tire disposal business also provides low cost tire disposal services to numerous third parties that TRI does not collect scrap tires from, including Weld County and several other County Public Works Dept. in Colorado. It is this businesses that the Weld County Commissioners have elected to suspend our operations as a result of TRI's failure to complete the 3rd Amended USR permit application, even though we don't actually have any need for a 3rd Amended USR permit at the present time since we are not actually recycling any scrap tires at the Hudson site. The rational behind this decision is at best questionable and arbitrary, but one nevertheless we are trying to comply with ASAP, if not for our own direct benefit, but for the benefit of third parties such as Magnum or others that may want to ultimately initiate a tire recycling operation at the Hudson site. Iwever, in order to service our existing customers and comply with isting contracts with third parties to collect their scrap tires, we are mporally storing them in trailers we are leasing until such time as we either get the 3rd Amended USR completed or get Weld County to lift the suspension 2 on the Hudson monofill site. We have some alternatives that we are also pursuing with Weld County, which may include the subdividing the 120 acre site into two specific parcels. IIA 115 acre tire monofill site operated under the existing 2nd Amended R permit, and 2. A 5+ acre tire recycling site used for recycling scrap tires into other products for end users that would be zoned and permitted pursuant to the general terms of the 3rd Amended USR. It seems like this would be a solution to both Weld County and us to allow TRI to continue to use the 115 acre monofill site as a tire landfill facility and still give Weld County the ability to implement various terms and conditions they feel they need to allow for future tire recycling operations on the other 5 acres. In the meantime, until these issues can be resolved, TRI continues to collect and store scrap tires in trailers offsite so as not to violate the suspension terms of disposing scrap tires on our 120 acre tire disposal facility. We are hoping to resolve the 3rd Amended USR issues ASAP to eliminate the need to store these scrap tires offsite and reduce our expenses of renting and leasing numerous additional trailers to provide temporary storage offsite for our customers. In addition the suspension of our tire disposal operations have significantly impacted numerous third parties that depend on the Hudson site for low cost, reliable scrap tire disposal services since we have not been able to accept scrap tires at the site for the past few weeks. arles, as you are aware, we have spent several hundred thousand dollars use our best efforts to get the Hudson facility in full compliance with he Colorado Department of Public Health & Environment -Waste Management Divisions requirements and regulations as well as the zoning and compliance requirements of Weld County under their 2nd Amended USR. We find it quite ironic that after we spent all of this time and money, that Weld County elected to suspend our operating permit on some technical issues that do not relate to any current activities we are conducting on the site but rather some "future" tire recycling actives we propose to initiate later this year. We are also surprised at their actions, since it has always been our understanding that the State of Colorado would prefer that all of these scrap tires stored in cells at the Hudson site ultimately be recycled rather than continue to be stored both from an environmental perspective and also from a general liability to potentially eliminate any fuel storage that could result in a future tire fire at the site, similar to what occurred over 20 years ago. Nevertheless, we will continue to work with Weld County to resolve these differences although we may never completely agree with their actions and rational for suspending our operations. That being said, if there is anything the State can do to assist us in persuading Weld County to lift the current suspension on the site, it would be greatly appreciated. I can assure you that we have not intentionally tried to avoid complying with any State or Weld County requirements to bring the Hudson site into ull compliance, and once we had the financial wherewithal to fund such actives we immediately completed such actives. One of the primary reasons we have elected to try to comply with the 3rd Amended USR is because other third arties now realize that they may need the site USR amended to be able to conduct future tire recycling operations. Without this amendment being 3 completed any sale of our facility to a third party will be at the minimum delayed or perhaps curtailed. Therefore it is our intent to try to get the 3rd mended USR on either the entire 120 acre site or possibly the 5 acre rcel as is needed for the recycling actives completed ASAP. pefully, this email gives you some insight into our current dilemma. If you have any questions or suggestions on how we can resolve this situation quicker, we would be glad to discuss them with you. Can any other department of the State intervene with Weld County to assist in getting the current suspension lifted especially since we are in full compliance with the existing 2nd Amended USR on the site, plus the fact that we are not recycling any tires at this time which in the eyes of Weld County seems to require a 3rd Amended USR? Please feel free to either email me or call me on my cell at 303-638-7150. I will be back at the Hudson office on Friday as well. Sincerely, Tire Recycling, Inc. Dwain Immel, President **************Dinner Made Easy Newsletter - Simple Meal Ideas for Your Family. Sign Up Now! (http://pr.atwola.com/promoclk/100126575x1221991367x1201443283/aol?redir=http:%2F%2Fad.double click.net%2Fclk%38215225819%3837274678%3Bs% 3Fhttp:%2F%2Frecipes.dinnermadeeasy.com%2F%3FESRC%3D622) 4 Esther Gesick rom: e nt: Subject: Jacqueline Hatch Thursday, May 28, 2009 9:40 AM Esther Gesick FW: TRI Another for the file Tire Recycling Original Message From: CHARLES JOHNSON[mailto:cgjohnso@smtpgate.dphe.state.co.us] Sent: Thursday, May 28, 2009 9:11 AM To: Jacqueline Hatch; Trevor Jiricek; Troy Swain Subject: Fwd: TRI FYI: Thanks, Charles Charles G. Johnson, Unit Leader Solid Waste and Material Management Unit Solid and Hazardous Waste Program Hazardous Materials and Waste Management Division Colorado Department of Public Health and Environment Phone: 303-692-3348 Fax: 303-759-5355 IIharles.johnson@state.co.us >> <DMIMMEL@aol.com> 05/28/2009 7:15 AM >>> Charles: Thanks for the clarification. I thought that the State controlled the CD and the various Counties determined what terms and conditions or zoning changes that would be needed to convert a property over to a CD type of property. Your summary clears up this for me. Thanks for the input. I guess with Weld County requesting that we complete the 3rd Amended USR requirements for the 120 acre site to be able to conduct recycling activities on it, we will continue to work with Weld County to get this completed since it does not make sense to vacate the 3rd Amended USR application at this point especially since we appear to be very close to finally getting a tire recycling operation initiated for the site. If on the other hand we can separate out a 5+ acre parcel of the 120 acres and designate this parcel for tire recycling operations, it would seem like the remaining 115 acres could and most likely should remain "as is" and used to support the existing CD related to the tire disposal operations. This would seem to give us the maximum flexibility to continue to operate majority of the site as a tire monofill facility while still giving us the Illbility to conduct tire recycling activities on the remaining 5+ acres in he future. a EXHIBIT 1k11Se le .Sthet4 l / 24ct to e - I don't see why this should in any way impair Weld County's ability to - regulate and manage the tire landfill activities as well as any future proposed tire recycling activities. Does this make sense? Hopefully, when I discuss this with Tom Honn, the Director of the Weld ils ounty Planning Department today, we can get a better understanding of what needed get these objectives completed ASAP to both satisfy the needs of eld County and at the same time get the existing suspension of the USR permit lifted to allow us to operate the tire disposal business under the existing 2nd Amended terms and conditions. In many ways although we don't need to have the 3rd Amended USR completed for our current tire disposal operations, I can see a need to have the property USR amended to allow for any tire recycling activities which we fully intend to pursue. The only reason I ever got involved in the tire disposal business in 2004, was to eventually try to recycle all of the scrap tires stored in the cells at the Hudson site. Unfortunately it has taken a lot longer and cost a lot more money than we originally anticipated to get to this point. Nevertheless, we now have several options related to recycling the tires and as you are aware several third parties continue to come up with even more alternatives. Sometimes the market for such business activities takes longer to develop and with all of the economic changes over the past year, funding for these new business activities has been a challange to say the least. Thanks for your input and if you have any other comments please feel free to drop me an email or give me a call. Hopefully we can get these outstanding issues with Weld County cleared up very quickly and move forward with one of the proposed recycling options that have been presented to us. wainds, wain *************Cooking Dinner For Two? Sign Up & Get Immediate Member -Only avings. (http://pr.atwola.com/promoclk/100126575x1222652750x1201460983/aol?redir=http:%2F%2Fad.double click.net%2Fclk%38215225797%3837274671%3Bq%3Fhttp:%2 F%2Frecipes.cookingfor2.pillsbury.com%2F%3FESRC%3D934) 2 Esther Gesick rom: Jacqueline Hatch ent: Thursday, May 28, 2009 9:48 AM CHARLES JOHNSON; Trevor Jiricek; Troy Swain Cc: Thomas Honn; Bruce Barker; Esther Gesick Subject: Tire Recycling Attachments: 100_2444.jpg; 100_2441.jpg; 100_2442.jpg; 100_2443.jpg I went out to the property mentioned as receiving Tire Recycling's tires at 2888 CR 61. I found approximately 23 trailers (see attached photos). I've left a message with Bruce as to how to handle this at this point. I will let you all know soon. Thanks! i EXHIBIT074&J / Use -192 1 I s Esther Gesick �rom: ent: o: Subject: Jacqueline Hatch Thursday, May 28, 2009 9:54 AM Esther Gesick FW: Tire Recycling, Inc. storing waste tires in trailers at Gardner Turfgrass Sod Farm, located at 2881 Weld County Road 61. Original Message From: Thomas Honn Sent: Thursday, May 28, 2009 9:53 AM To: Troy Swain; Jacqueline Hatch Cc: Trevor Jiricek; charles.johnson@state.co.us Subject: RE: Tire Recycling, Inc. storing waste tires in trailers at Gardner Turfgrass Sod Farm, located at 2881 Weld County Road 61. I spoke with Dwayne Immel yesterday eve. And relayed that tires cannot be stored in Weld County on Agric zoned lands eg. A turf farm. We have no jurisdiction out of the County. He thought the site was in Adams Co and was to get back with me and move out of the County if in weld. Original Message From: Troy Swain Sent: Wednesday, May 27, 2009 5:13 PM To: Jacqueline Hatch Cc: Thomas Honn; Trevor Jiricek; charles.johnson@state.co.us ubject: Tire Recycling, Inc. storing waste tires in trailers at Gardner Turfgrass Sod Farm, ocated at 2881 Weld County Road 61. The Cripple Creek & Victor Mine tires and other tires that were destined for Tire Recycling, Inc. are being stored in trailers at Gardner Turfgrass Sod Farm, located at 2881 Weld County Road 61, Weld County, Colorado (296 acre property). Property owner follows: Francis J Gardner Trust C/O Gardner Turfgrass, Inc. 350 Interlocken Blvd., Ste. 370 Broomfield, Colorado 80021 Legal agent for service for Gardner Turfgrass Inc. is Stan Gardner at the same address as above. Troy E. Swain Environmental Health Specialist weld County Dept. of Public Health & Environment 1555 N. 17th Avenue Greeley, CO 80631 (970) 304-6415, ext. 2219 (970) 673-2218 (970) 304-6411 (fax) i ad /ad EXHIBIT I shw 115E -1Y2 �. 1 Esther Gesick tom: nt: Cc: Subject: Jacqueline Hatch Thursday, May 28, 2009 11:29 AM CHARLES JOHNSON; Trevor Jiricek; Esther Gesick; Troy Swain; Bethany Salzman; Kim Ogle Bruce Barker Tire Recycling, Inc. I spoke with Bruce the County Attorney and it has been determined that the trailers located at 2888 CR 61 will be processed like a normal violation case. There will not be a hearing related to the possibilities that the trailers are associated with Tire Recycling Inc. Let me know if you have any questions THANKS! t t I EXHI BIT xuse-zqz Shaw ecuocu-- 1 Esther Gesick From: ent: Subject: Jacqueline Hatch Wednesday, June 03, 2009 8:06 AM Esther Gesick FW: Tire Recycling Chapter 11 For the file - Tire Recycling Inc Thanks! Original Message From: Bruce Barker Sent: Monday, June 01, 2009 1:36 PM To: Thomas Honn; Kim Ogle; Jacqueline Hatch; Bethany Salzman; Ann Siron Subject: FW: Tire Recycling Chapter 11 FYI. Original Message From: Harrie F. Lewis [mailto:hlewis@lindquist.com] Sent: Monday, June 01, 2009 12:14 PM To: Bruce Barker Subject: RE: Tire Recycling Chapter 11 I have talked to Mr. Immel since speaking with you. He advises me that he discovered that the trailers with the tires were in fact parked in Ill ld County, but on Saturday were moved to Commerce City in Adams County a truck storage facility. Lindquist & Vennum PLLP 600 17th Street, Suite 1800 South Denver, CO 80202-5441 Office: 303-454-0507 www.lindquist.com Original Message From: Bruce Barker [mailto:bbarker@co.weld.co.us] Sent: Monday, June 01, 2009 11:54 AM To: Harrie F. Lewis Cc: John C. Smiley Subject: RE: Tire Recycling Chapter 11 Thanks! Original Message From: Harrie F. Lewis [mailto:hlewis@lindquist.com] Sent: Monday, June 01, 2009 11:07 AM To: Bruce Barker Cc: John C. Smiley iiiiibject: Tire Recycling Chapter 11 Bruce, IEXHIBIT I yl sa Sl/ozo CSe 1 As we discussed on the phone, attached is the stipulated motion filed by the United States Trustee's office today to appoint a Chapter 11 Trustee in the Tire Recycling bankruptcy proceeding, as well as, the related Chapter 11 proceedings of Midway Landfill, Inc. and Renewable Resources, "Inc. I would expect that Judge Brooks will approve the stipulation today or tomorrow and Stephen Peters will be appointed as the Chapter 11 Trustee either today or tomorrow. I would then anticipate that the attorneys at my firm working on this case, along with Mr. Immel, will meet with the Trustee to bring him up to speed on the case over the course of the next few days. Usually a Chapter 11 Trustee will engage his own counsel to represent him in the case, but until that decision is made I will keep you apprised of developments in the case and will do what I can to assure a smooth transfer of responsibility so there are not issues left open and unresolved. Lindquist & Vennum PLLP 600 17th Street, Suite 1800 South Denver, CO 80202-5441 Office: 303-454-0507 www.lindquist.com<http://www.digitechbranding.com/lindquist/usercard.php ?filename=lindquist-hlewis-lindquist-com-1190910801.png> NOTICES IRS Circular 230 Notice: To ensure compliance with requirements imposed the IRS, we inform you that, except to the extent expressly provided o the contrary, any federal tax advice contained in this communication (including any attachments) is not intended or written to be used, and cannot be used, for the purpose of (i) avoiding penalties under the Internal Revenue Code or (ii) promoting, marketing or recommending to another party any transaction or matter addressed herein. This e-mail message and any files transmitted with it are confidential and may be subject to attorney -client privilege or work -product protection, and should not be read or distributed by anyone other than an intended recipient. If you received this by mistake, please notify us by replying to the message, and then delete it. NOTICES IRS Circular 230 Notice: To ensure compliance with requirements imposed by the IRS, we inform you that, except to the extent expressly provided to the contrary, any federal tax advice contained in this communication (including any attachments) is not intended or written to be used, and cannot be used, for the purpose of (i) avoiding penalties under the Internal Revenue Code or (ii) promoting, marketing or recommending to another party any transaction or matter addressed herein. This e-mail message and any files transmitted with it are confidential and may be subject to attorney -client privilege or work -product protection, and should not be read or distributed by anyone other than an intended recipient. If you received this by mistake, please notify us ilirreplying to the message, and then delete it. 2 Esther Gesick From: 'leant: Cc: Subject: Jacqueline Hatch Friday, June 05, 2009 4:20 PM Esther Gesick; Bruce Barker; Troy Swain Thomas Honn Tire Recycling It is my understanding that Dwain Immel is not the contact person for Tire Recycling Inc any longer. A trustee has been appointed The Trustee's contact information is: M. Steven Peters 5310 Ward Road, Ste. G7 Arvada, CO 80002 Ph: 303-422-8501 Email: peters msplaw.orq I am going to email him next week to touch base and let him know that status of the site. Thanks and let me know if you have any questions Jacqueline • IEXHIBIT /31 SncYLJ 64444,---1 Esther Gesick From: nt: Subject: Thomas Honn Monday, June 08, 2009 11:21 AM Esther Gesick; Jacqueline Hatch FW: Question regarding Tire Recycling Original Message From: taimmel@aol.com [mailto:taimmel@aol.com] Sent: Monday, June 08, 2009 9:48 AM To: Thomas Honn Subject: Re: Question regarding Tire Recycling Tom, Thanks for your email. I will run everything thru Steve Peters regarding maintenence (mowing weeds, etc.) at the site. Teresa Immel Original Message From: Thomas Honn <thonn@co.weld.co.us> To: taimmel@aol.com <taimmel@aol.com> Cc: Jacqueline Hatch <jhatch@co.weld.co.us>; Esther Gesick <egesick@co.weld.co.us> �lint: Fri, 5 Jun 2009 4:32 pm bject: RE: Question regarding Tire Recycling Teresa and Dwayne: We understand there is now a trustee and that is whom we are supposed to communicate with on all matters related to Tire Mountain. Tom Original Message From: taimmel@aol.com [mailto:taimmel@aol.com <mailto:taimmel@aol.com?> ] Sent: Wednesday, May 20, 2009 1:26 PM To: Thomas Honn Subject: Question regarding Tire Recycling Tom, I just had one question I would like to run by you regarding Tire Recycling. Dwain and I will be gone for a week, starting tomorrow. Our daughter, Cara, is graduating from her college. We are going out for the graduation and moving her into an apartment. We will be back next Friday, May 29th. I was wondering if I need your permission to be able to come out with some help to plant some flowers in our flower garden in front of the building while we were still under "suspension"? I am planning to plant some perennials and ignuals-hopefully nothing that the bunnies will eat. Unfortunately, due to my thritis, I will need some help. Will this be a problem? I am of the belief we we are going to talk the talk, we need to walk the walk 1 EXHIBIT old/3Qt. use -s41 and part of that is cleaning up and beautifying the front flower bed for the summer/fall season. I would just like to plant some flowers for the summer in the dirt (enclosed flower bed) in front of the building. ,uld you please call me and let me know if I can do this after I come back from rth Carolina? Thank you for your help. Teresa Immel Tire Recycling, Inc; 303-536-0223 Dell Inspiron 15 Laptop: Now in 6 vibrant colors! 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See Yours in Just 2 Easy Steps! <http://console.mxlogic.com/redir/?m73h0M-C--rppjvKesjdwOREZIP5iZVv5ER1HoYHydXEFKfzDMZ5dddZV- X38uyDt5xNcsevPgDAE-xa9M09Sf gfEiD7RGNDO- baUxXKJDPU7xVaBzD77HzANWrxdloy6xNPyoZdMxp0U26Uud1ZDgRDYgo674Pt- LtAsOMgeihOUMrKrDIBlvflmRfVsSYyMyrhi0007e8IL6ShNI5-Ag807r-AV1wg88- h5a4E4ih02phYQg0LX5H70whdPYfDyN-OwridFCSmkTXzAkjsa9NL7vc> • 2 Esther Gesick From: Bruce Barker art: Sunday, June 07, 2009 8:57 PM William Garcia; Douglas Rademacher; Dave Long; Barbara Kirkmeyer; Sean Conway Cc: Cyndy Giauque; Esther Gesick; Jacqueline Hatch; Kim Ogle Subject: FW: Message from Hal Lewis re: Tire Recycling, Inc. Attachments: TRI - Order Appt. Chapter 11 Trustee.pdf; TRI - UST's Appt of Chapter 11 Trustee.pdf Board: The best I can do is set this up for Monday, June 15th. I have responded back to Hal to let him know. But he may appear at tomorrow's meeting (June 8th) to plead his case. I will be with my son Barret at Buff Camp Monday through Wednesday. If it is OK with you all, I will ask staff to inspect and place on the agenda for next Monday. I will ask for assurances from the Trustee that Dwain will, in fact, be only in an "information only" role. Bruce. From: Harrie F. Lewis [hlewis@lindquist.com] Sent: Wednesday, June 03, 2009 1:04 PM To: Bruce Barker Cc: M. Stephen Peters Subject: •ruce, EXHIBIT o7poLf/ 'B8 Usei8 s Pry. Several days ago we discussed the possibility of a Chapter 11 Trustee being appointed in the Tire Recycling case. The Bankruptcy Court now has appointed a Chapter 11 Trustee in the Tire Recycling bankruptcy proceeding, as well as the related cases of Renewable Resources and Midway Landfill. The Trustee will now assume the control of and the responsibility for operating Tire Recycling. Mr. Dwain Immel will now longer have a role in the management of the Hudson site other than to respond to the Trustee's requests for information. The Trustee's name is Stephen Peters. Mr. Peters is an experienced bankruptcy attorney and is one of the Chapter 7 panel trustees in the District of Colorado. Mr. Peters has requested my law firm to represent him and assist in the administration of the Tire Recycling bankruptcy estate. My firm has agreed to represent the Trustee, subject to Bankruptcy Court approval. The overall course of action Trustee will pursue is to identify a viable and financially responsible buyer for the Hudson site and consummate a sale as quickly as possible. Presently, the Trustee is targeting a six month time frame to find the buyer, negotiate the sales contract, have the purchase agreement approved by the Bankruptcy Court, and then close the sale. To accomplish this end, there are a few issues that Mr. Peters has identified as being critical for moving this case to a successful conclusion. Perhaps the most critical issue is having the Second Amend Use By Special Review Permit #842 ("Second Amended Permit") reinstated so he can operate Tire Recycling as an on -going entity between now and when a sale is consummated. The Trustee has reached this conclusion based on two facts. First, the fair market value of the Hudson site is greatly enhanced if it is an operating business. A fundamental goal of the Trustee is to maximize the value of the site for the benefit of creditors of the bankruptcy estate. Secondly, the ability of the business to generate income is dependent on being able to service its tire dealer customers by disposing of their used tires at the landfill. Without that revenue stream, the Trustee's ability to pay ongoing costs and maintain the Debtor as an operating concern is severely hampered, if not completely compromised. I would also suggest that it is in the public interest to reopen the Hudson landfill so that tires may be properly disposed of in Weld County. he Trustee has instructed me to request an emergency hearing with the Board of County Commissioners to consider the IIPNnstatement of the Second Amended Permit. If at all possible, I would request that this matter be scheduled for Monday, June 8. Both Mr. Peters and I are available that day. Unfortunately, I have a conflict on Wednesday, June 10th. 1 If the Second Amended Permit is reinstated, Mr. Peters, of course, would desire to meet with representatives from the Weld County Department of Planning Services, the Weld County Department of Public Health and Environment, and other appropriate representatives of the County and State to assure the landfill would be operated in compliance with applicable laws and regulations while under his control. Om attaching the following for your background information: 1) the bankruptcy judge's order approving the stipulation to appoint a Chapter 11 Trustee and directing the United States Trustee to appointment a Chapter 11 Trustee and 2) the United States Trustee's Appointment of Mr. Peters as the Trustee. I appreciate your time and assistance getting this matter before the Board. Please contact me if you have any questions that should be addressed prior to appearing before the Commissioners. Hal Lewis Attorney LINDQLISLV'l':A\I vl NOTICES IRS Circular 230 Notice: To ensure compliance with requirements imposed by the IRS, we inform you that, except to the extent expressly provided to the contrary, any federal tax advice contained in this communication (including any attachments) is not intended or written to be used, and cannot be used, for the purpose of (i) avoiding penalties under the Internal Revenue Code or (ii) promoting, marketing or recommending to another party any transaction or matter addressed herein. Oris e-mail message and any files transmitted with it arc confidential and may be subject to attorney -client ivilege or work -product protection, and should not be read or distributed by anyone other than an intended recipient. If you received this by mistake, please notify us by replying to the message, and then delete it. • 2 Case:07-17680-SBB Doc#:274 Filed:06/01/09 Entered:06/01/09 14:15:31 Pagel of 1 • • • UNITED STATES BANKRUPTCY COURT FOR THE DISTRICT OF COLORADO In re: ) RENEWABLE RESOURCES, INC., ) Case No.: 07-17680-SBB FIN: 32-0107530 ) Chapter 11 Debtor. ) ) ) In re: MIDWAY LANDFILL, INC., EIN: 84-1077802, Debtor. Case No.: 07-17687-SBB Chapter 11 In re: TIRE RECYCLING, INC., EIN: 84-0999485 Debtor. Case No.: 07-17691-SBB Chapter 11 Jointly Administered Under Case No.: 07-17680-SBB ORDER APPROVING STIPULATION AND MOTION TO APPOINT CHAPTER I I TRUSTEE This matter came before the Court on the United States Trustee's and Debtors' Stipulation and Motion Appoint Chapter 11 Trustee and good cause being shown therefore; IT IS ORDERED that the Stipulation and Motion Appoint Chapter I I Trustee is hereby granted. IT IS ORDERED that the United States Trustee shall appoint a Chapter 11 Trustee for each above -captioned debtor. IT IS FURTHER ORDERED that the hearing scheduled for June 24, 2009, at 9:00 in Courtroom E is vacated. Dated: June 1, 2009 By the Court: Sidney B. Brooks United States Bankruptcy Judge Case:07-17680-SBB Doc#:275-1 Filed:06/02/09 Entered:06/02/09 10:00:24 Pagel of 1 • • • UNITED STATES BANKRUPTCY COURT FOR THE DISTRICT OF COLORADO In re: ) ) RENEWABLE RESOURCES, INC., ) EIN: 32-0107530 Debtor. Case No.: 07-17680-SBB Chapter 11 In re: MIDWAY LANDFILL, INC., EIN: 84-1077802, Debtor. Case No.: 07-17687-SBB Chapter I I In re: TIRE RECYCLING, INC., EIN: 84-0999485 Debtor. Case No.: 07-17691-SBB Chapter 11 Jointly Administered Under Case No.: 07-17680-SBB UNITED STATES TRUSTEE'S APPOINTMENT OF CHAPTER 11 TRUSTEE Pursuant to 11 U.S.C. §1104(a) and FKBP 2007.1, the United States Trustee appoints M. Stephen Peters, Esquire., as the Chapter I I Trustcc for all above -captioned cases. Dated this 2' day of June, 2009. Respectfully submitted, CHARLES F. McVAY UNITED STATES TRUSTEE By: /s/ Paul V. Moss Paul V. Moss, #26903 Attorney for the U.S. Trustee 999 18th St., Suite 1551 Denver, CO 80202 Phone: (303) 312-7995 Facsimile: (303) 312-7259 E -Mail: Paul.Moss(a),usdoj.gov Esther Gesick From: �ent: To: Cc: Subject: Jacqueline Hatch Friday, June 12, 2009 7:33 AM Thomas Honn; Troy Swain; Bruce Barker Esther Gesick RE: tire storage Tom I'm a little nervous that Dwain is still working on behalf of Tire Recycling Inc. It is my understanding that Mr. Peters is the representative at this point. Thanks Jacqueline Original Message From: Thomas Honn Sent: Thursday, June 11, 2009 4:37 PM To: Troy Swain; Jacqueline Hatch; Esther Gesick Subject: FW: tire storage Original Message From: DMIMMEL@aol.com [mailto:DMIMMEL@aol.com] Sent: Thursday, June 11, 2009 2:11 PM To: Thomas Honn Subject: tire storage 400M: I realized that I forgot to send you an email related to the storage of our scrap tires while the disposal permit is suspended. We made arrangements with a trailer leasing and storage company in Adams County to store any trailers at their site until we are able to get the suspension on the Hudson site lifted. We removed all of the trailers that we being stored/parked off -site in Southern Weld County by May 29, 2009, right after you and I spoke on this issue. Please let Troy Swain or any others that you think need to know this information as well. We do not want our competitors to know where we are storing these trailers full of tires, since they would obviously like to try to get this trailer storage company to terminate this storage arrangement to try to squeeze us out of the scrap tire collection business. If you need any further information please call me to discuss. Regards, Tire Recycling, Inc. Dwain Immel, President Dell Deals: Don't miss huge summer savings on popular laptops starting at $449. .ttp://console.mxlogic.com/redir/?2MUgem7QTTPrbarZNPypI06J7JCoGvLbUJ6GJr7BshLtSdNYs- EFFEzxROnxMuyDt5xdZ5ZDdGuizW4ED4VPmi7FyUZcnR3AaJA3 IvaNnwgfj5X7BhX80Cy-- UUyOvfp6mhPPz35NMZApArLRXIEIcCzB5xATsSwH91nPM1Jj- ndIefe60kS61PWabbxJ5cTekvd459RzF7Ps 3VU3zg9J4SOOC ssyyrS5t0M0n> 1 Esther Gesick 41oom: nt: : Cc: Subject: Bruce Barker Friday, June 12, 2009 3:14 PM William Garcia; Douglas Rademacher; Dave Long; Barbara Kirkmeyer; Sean Conway Esther Gesick; Jacqueline Hatch; Trevor Jiricek; Troy Swain; Kim Ogle FW: Tire Recycling See the attached. Hal has asked that you add his request to the agenda for consideration on Monday. Original Message From: Harrie F. Lewis [mailto:hlewis@lindquist.com] Sent: Friday, June 12, 2009 3:10 PM To: Bruce Barker Cc: M. Stephen Peters Subject: RE: Tire Recycling Bruce, Thank you for your response to my email. Mr. Peters and I will be in attendance at 9 a.m. on Monday, June 15 in hopes that the Board does put this matter on the agenda. I would like to update you and the Board of County Commissioners on the status of the TRI bankruptcy as it relates to the Hudson site. On June li2009, the Bankruptcy Court approved the appointment of M. Stephen ters as Chapter 11 Trustee in the Tire Recycling Chapter 11 proceeding, as well as the affiliated Chapter 11 proceedings. The Trustee has assumed the control of and the responsibility for operating Tire Recycling. Mr. Dwain Immel no longer has a role in the management of the Hudson site other than to respond to the Trustee's requests for information. Mr. Peters is an experienced bankruptcy attorney and is one of the Chapter 7 panel trustees in the District of Colorado. Mr. Peters has requested my law firm to represent him and assist in the administration of the Tire Recycling bankruptcy estate. You may remember that Magnum D'Or Resources, Inc. appeared before the Board at the last hearing in which the Board took up matters relating to TRI and the Hudson site. TRI anticipated that an agreement with Magnum to purchase the Hudson site would be forthcoming soon after the last hearing. Unfortunately, the negotiations between Mr. Immel and Magnum did not result in a final agreement. Since his appointment, the Trustee and Magnum have entered into serious negotiations and the parties have now agreed to terms and have this afternoon executed an agreement for the sale of the Hudson site from the bankruptcy estate to Magnum. The Trustee will be filing a request with the Bankruptcy Court to approve the agreement with Magnum early in next week. Transfer of the Second Amended USR # 842 from TRI to Magnum is a condition precedent to the agreement with Magnum. The Trustee is questing that the Commissioners lift the suspension of the Second mended permit for two reasons. Most importantly, reinstating the Second Amended permit will allow the Trustee to move forward with the agreement with Magnum to the benefit of all parties, including, I would 1 EXHIBIT XXHI 02,g/i3d —itr (tU+ae� 4Z Shaw submit, Weld County. Second, with the Second Amended permit in place, the Trustee would be able to operate the facility and generate the income necessary to pay on -going expenses during the interim between now ilicd when Bankruptcy Court approval of the Magnum agreement is obtained. I appreciate your time and assistance getting this matter before the Board. Please contact me if you have any questions that should be addressed prior to appearing before the Commissioners. Hal Lewis Lindquist & Vennum PLLP 600 17th Street, Suite 1800 South Denver, CO 80202-5441 Office: 303-454-0507 www.lindquist.com Original Message From: Bruce Barker [mailto:bbarker@co.weld.co.us] Sent: Friday, June 12, 2009 11:08 AM To: Harrie F. Lewis Cc: M. Stephen Peters; Esther Gesick Subject: RE: Tire Recycling Hal: Thanks for the e-mail reminder. We will be placing this in front of the ilicand to see if the Board will grant adding the matter to the agenda. I ggest that you and Mr. Peters be present at 9 a.m. on Monday, June 15th, in case the Board has questions and decides to take up the matter as requested. Bruce Barker Weld County Attorney Original Message From: Harrie F. Lewis [mailto:hlewis@lindquist.com] Sent: Friday, June 12, 2009 10:13 AM To: Bruce Barker Cc: M. Stephen Peters Subject: Tire Recycling Bruce, I just left a voice message for you, but I thought I would follow up with an email as well. I wanted to see if the request by the Chapter 11 Trustee's for an emergency hearing to lift the suspension of the Second Amended USR has been granted and, if so, the time of the hearing. I also wanted to update you in general about the status of the case since Mr. Peters's appointment as the Trustee was approved by the Bankruptcy Court on June 3rd. ndquist & Vennum PLLP 600 17th Street, Suite 1800 South Denver, CO 80202-5441 Esther Gesick Orom: •ent: o: Subject: Attachments: Also for the file Thanks! Jacqueline Hatch Friday, June 12, 2009 4:22 PM Esther Gesick FW: FW: tire storage FW: picture and information Original Message From: Troy Swain Sent: Friday, June 12, 2009 11:54 AM To: Trevor Jiricek; Jacqueline Hatch Cc: Thomas Honn; Bruce Barker Subject: FW: FW: tire storage Please forward any other evidence Tire Recycling provides regarding disposal in Adams County or anywhere else to Darrell Dearborn. Thanks, Troy E. Swain Environmental Health Specialist Weld County Dept. of Public Health & Environment 1555 N. 17th Avenue Greeley, CO 80631 (970) 304-6415, ext. 2219 970) 304-6411 (fax) Original Message From: CHARLES JOHNSON[mailto:cgjohnso@smtpgate.dphe.state.co.us] Sent: Friday, June 12, 2009 11:07 AM To: Troy Swain; Darrell R Dearborn Subject: Re: FW: tire storage Troy: Thanks much for the info. I'll be out of the office until June 19, 2009 at an ASTSWMO meeting, but will forward this info to Darrell Dearborn. He is our Adams County inspector. Please forward any additional information regarding Adams Co. dumping activities, material types, volumes or locations to Darrell. Thanks, Charles Charles G. Johnson, Unit Leader Solid Waste and Material Management Unit Solid and Hazardous Waste Program Hazardous Materials and Waste Management Division Colorado Department of Public Health and Environment Phone: 303-692-3348 Fax: 303-759-5355 charles.lohnson(astate.co.us EXHIBIT a' Us2.84L Shwa CGWaa." lip» Troy Swain <tswain@co.weld.co.us> 06/11/2009 5:08 PM >>> harles: Incase you're interested, it appears that Tire Recycling Inc. is reporting that they are breaking the law by taking tires (solid waste) to locations in Adams County for storage (disposal). I also received a voice mail from Mr. Steve Peters the Trustee for Tire 1 Recycling, (303) 422-8501 saying they were picking up tires and storing them in trailers in Adams County. eroy E. Swain nvironmental Health Specialist Weld County Dept. of Public Health & Environment 1555 N. 17th Avenue Greeley, CO 80631 (970) 304-6415, ext. 2219 (970) 304-6411 (fax) Original Message From: Thomas Honn Sent: Thursday, June 11, 2009 4:37 PM To: Troy Swain; Jacqueline Hatch; Esther Gesick Subject: FW: tire storage Original Message From: DMIMMEL@aol.com [mailto:DMIMMEL@aol.com] Sent: Thursday, June 11, 2009 2:11 PM To: Thomas Honn Subject: tire storage Tom: �realized that I forgot to send you an email related to the storage of our scrap tires while he disposal permit is suspended. We made arrangements with a trailer leasing and storage company in Adams County to store any trailers at their site until we are able to get the suspension on the Hudson site lifted. We removed all of the trailers that we being stored/parked off -site in Southern Weld County by May 29, 2009, right after you and I spoke on this issue. Please let Troy Swain or any others that you think need to know this information as well. We do not want our competitors to know where we are storing these trailers full of tires, since they would obviously like to try to get this trailer storage company to terminate this storage arrangement to try to squeeze us out of the scrap tire collection business. If you need any further information please call me to discuss. Regards, Tire Recycling, Inc. Dwain Immel, President Dell Deals: Don't miss huge summer savings on popular laptops starting at $449. chttp://console.mxlogic.com/redir/?2MUgem7QTTPrbarZNPypI06J7JCoGvLbUJ6GJr7BshLt5dNYs- 7EFFEzxRQnxMuyDt5xdZSZDdGuizW4ED4VPmi7FyUZcnR3AaJA3 IvaNnwgfj5X7BhX80Cy-- UUvOyfp6mhPPz35NMZApArLRXIEIcCzB5xATsSwH91nPM1Jj- illFdIefe6QkS61PWabbxJ5cTekvd459RzF7Ps 3VU3zg9J4S000 ssyyrS5tOMOn> 2 Esther Gesick rom: Jacqueline Hatch ent: Friday, June 12, 2009 4:21 PM o: Esther Gesick Subject: FW: picture and information Attachments: 0610091022a.jpg For the Tire Recycling File.. Thanks! Original Message From: Troy Swain Sent: Wednesday, June 10, 2009 5:05 PM To: charles.johnson@state.co.us; roger.doak@state.co.us Cc: Trevor Jiricek Subject: FW: picture and information Here's a photo from complainant showing Tire Recycling Inc. truck picking up tires. I called the contact for Tire Recycling, Inc. Mr. Steven Peters 303-422-8501. Left a message said we received a complaint and wanted to know where the tires are being taken. Troy E. Swain Environmental Health Specialist Weld County Dept. of Public Health & Environment 1555 N. 17th Avenue Greeley, CO 80631 70) 304-6415, ext. 2219 970) 304-6411 (fax) Original Message From: Trevor Jiricek Sent: Wednesday, June 10, 2009 12:51 PM To: Troy Swain Subject: FW: picture and information Troy, Heres the pic of tire mtn picking up tires....if you send an email to Charles please cc: me and Roger on it...thanks. Trevor Jiricek Director Environmental Health Services Weld County Department of Public Health & Environment 1555 North 17th Avenue Greeley, Colorado 80631 Email: tjiricekOco.weld.co.us Office #: 970-304-6415, Extension 2214 Fax #: 970-304-6411 • EXHIBIT f3d %Z a_Fia.tebW 1 From: Rustye Cole[mailto:rustye@snowyriverenterprises.com] Sent: Wednesday, June 10, 2009 12:26 PM To: Trevor Jiricek •ubject: picture and information Trevor, Here is the picture of tire recyclers picking up a local store, also included is the approval letters for the extended wire length on tire chips in leach fields. If you have any questions please feel free to call or email. I took the picture with a camera phone. I have picture information that verifies the date and time if you ever need it. Thank You, Snowy River Enterprises Facility Manager Jarrod Cole • 303-345-5657 (cell) 970-535-0535 (office) 4450 Mulligan Dr. Longmont, Co 80504 • 2 • • a E U (� C1 (V vi a Y ao 1 in .4•••• °0 U i E (r C Us 0 of J c U u) 4-4 C3 03 T7 N N 0, r a (L U O c n 03 n >, C31 03 = u; �-! C a " a a rn o c r, c 1- 2 • Esther Gesick Crom: Jacqueline Hatch ant: Tuesday, June 16, 2009 4:30 PM To: Bruce Barker; Esther Gesick; Thomas Honn; Trevor Jiricek; Troy Swain Cc: McIntosh, Carolyn Subject: Tire Recycling Inc Attachments: tire.mtn.plan6.16.09.pdf; 100_2450.jpg; 100_2447.jpg; 100_2449.jpg Troy and I went out to the Tire Recycling site this afternoon and the site is not in compliance. I need to bring it back before the Board of County Commissioners tomorrow (Wednesday 6/17/09 at 9:00) There is a pile of tires that need to be placed into a cell and the weeds have gotten out of control in areas. See attached photos. Attached is also the applicants plan for verifying that surface tires are not on the surface for more than 30 days, staff is in support of this system. We met the trustee on site and he is requesting that he have the ability to call staff when the site is in compliance for us to verify and if the site is in compliance staff have the ability to lift the suspension. Let me know if you have any questions or need anything from me THANKS! Jacqueline 1 TRI Tire Recycling, Inc. 12311 weld Count, Road 41 Iludson, CO 80642 Phone: 303-573-5144 Fax: 303-536-4156 Surface Tire Management Plan The Tire Recycling. Inc. (TRI) scrap tire management plan will consist of the following: 1. Upon receipt of scrap tires at the I ludson site. TRI directs the disposal of these tires in approved pits/cells constructed on the site, and 2. Any scrap tires selected for future salvage shall be temporarily stored on the surface in an approved area for loading and removal from the site. These scrap tires that are selected as "salvage" tires shall be removed from the Hudson site within thirty days or placed hack in designated pits/cells for storage. weather & safety permitting. Any scrap tires stored in a designated area for sorting and processing shall be identified by color coding (spray paint) the month they were stored at the site. KEY: June - White July - Orange Aug. - Yellow Sept. - Green Oct. - Red Nov. - Blue Dec. - Gray Each week of the month will be identified with a dot(s) in the color for the Specific month with the following markings: 1 - 7 one dot (in appropriate monthly color) 8 - 14 two dots (in appropriate monthly color) 15 - 21 three dots (in appropriate monthly color) 22 - end of month - four dots (in appropriate monthly color) These "salvage'. tires will be monitored on a weekly and monthly basis to either remove the tires off site or into designated storage cells on the property. "Colorado's Largest and America's Cleanest Tire Disposal Facility" I We Have Moved! Colorado Tire Recycling,Lac (Formerly Tire Recycling, inc) P.O. Box 190 Hudson, CO 80642 303-343-3132 or 303-536-0223 303-343-3145 (FAX) Thank You For Your Business! Jennifer VanEgdom From: Bruce Barker Sent: Tuesday, November 03, 2009 9:35 AM To: CTB; Commissioners Subject: FW: Magnum Recycling USA Attachments: Magnum photos 20091102.zip FYI. Comes up tomorrow for dismissal of show cause hearing. Original Message From: Troy Swain Sent: Monday, November 02, 2009 1:51 PM To: Kim Ogle Cc: Trevor Jiricek; CHARLES JOHNSON; Bruce Barker Subject: Magnum Recycling USA Kim: I went out to Magnum (Tire Recycling, Inc.) this AM. They are constructing the staging area and temporary storage pits but there has been a lot of rain making earth work and driving difficult. They have received 3-4 tons of whole tires and will be shredding them prior to further recycle or disposal. They are in substantial compliance with 3rd Amended Use by Special Review Permit 842 and we should discontinue the show cause hearing process. See attached photos. Troy E. Swain Environmental Health Specialist Weld County Dept. of Public Health & Environment 1555 N. 17th Avenue Greeley, CO 80631 (970) 304-6415, ext. 2219 (970) 304-6411 (fax) EXHIBIT 1 KKftpit E 1 Jennifer VanEgdom From: Sent: To: Subject: Another FYI same subject. Bruce Barker Tuesday, November 03, 2009 9:36 AM CTB; Commissioners FW: Magnum Financial Assurance Original Message From: Troy Swain Sent: Tuesday, November 03, 2009 9:31 AM To: Kim Ogle Cc: Trevor Jiricek; Bruce Barker Subject: FW: Magnum Financial Assurance Regarding Financial Assurance for Magnum (was Tire recycling, Inc.) for Wed. November 4, 2009 BOCC Hearing. Troy E. Swain Environmental Health Specialist Weld County Dept. of Public Health & Environment 1555 N. 17th Avenue Greeley, CO 80631 (970) 304-6415, ext. 2219 (970) 304-6411 (fax) Original Message From: CHARLES JOHNSON [mailto:cgjohnso@smtpgate.dphe.state.co.us] Sent: Tuesday, November 03, 2009 9:16 AM To: Troy Swain Subject: Magnum Financial Assurance Troy: Magnum D'Or representatives indicated that they successfully transferred the existing financial assurance to Magnum D'Or, therefore they should have adequate financial assurance. I am working with the bankruptcy trustee to get a copy of proof of financial assurance documentation. Unfortunately the individual's father with our team that typically works with FA passed away and I trying to work around her office absence to get a copy of the documentation. Thanks, Charles Charles G. Johnson, Unit Leader Solid Waste and Material Management Unit Solid and Hazardous Waste Program Hazardous Materials and Waste Management Division Colorado Department of Public Health and Environment Phone: 303-692-3348 Fax: 303-759-5355 charles.johnson@state.co.us Esther Gesick From: Kim Ogle Sent: Tuesday, November 03, 2009 2:59 PM To: Esther Gesick Cc: Trevor Jiricek; Troy Swain; David Bauer; Donald Carroll Subject: 3RD AMUSR 842 Magnum D'Or Attachments: FW: Magnum Financial Assurance; Magnum Recycling USA The Department of Planning Services, Department of Public Health and Environment and Department of Public Works recommend dismissal of the Show Cause hearing for Tire Recycling Inc. now dba Magnum D'Or as all conditions of approval have been met and the plat was recorded on November 3, 2009; reference reception number 3657314. 9014 0411% 1 Hello